Journal of the House - 102nd Day - Tuesday, May 11,
2010 - Top of Page 12097
STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2010
_____________________
ONE HUNDRED SECOND DAY
Saint Paul, Minnesota, Tuesday, May 11, 2010
The House of Representatives convened at
10:00 a.m. and was called to order by Tony Sertich, Speaker pro tempore.
Prayer was offered by the Reverend Dennis
J. Johnson, House Chaplain.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following members
were present:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
A quorum was present.
The Chief Clerk proceeded to read the
Journal of the preceding day. Marquart
moved that further reading of the Journal be dispensed with and that the Journal
be approved as corrected by the Chief Clerk.
The motion prevailed.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12098
REPORTS OF
CHIEF CLERK
S. F. No. 1659 and
H. F. No. 1537, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Mullery moved that the rules be so far
suspended that S. F. No. 1659 be substituted for
H. F. No. 1537 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1770 and
H. F. No. 2062, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Lanning moved that the rules be so far
suspended that S. F. No. 1770 be substituted for
H. F. No. 2062 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2430 and
H. F. No. 2699, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Hilstrom moved that the rules be so far
suspended that S. F. No. 2430 be substituted for
H. F. No. 2699 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2634 and
H. F. No. 2610, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Mullery moved that the rules be so far
suspended that S. F. No. 2634 be substituted for
H. F. No. 2610 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2725 and
H. F. No. 2965, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Paymar moved that the rules be so far
suspended that S. F. No. 2725 be substituted for
H. F. No. 2965 and that the House File be indefinitely postponed. The motion prevailed.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12099
S. F. No. 2839 and
H. F. No. 2942, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Atkins moved that the rules be so far
suspended that S. F. No. 2839 be substituted for
H. F. No. 2942 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3043 and
H. F. No. 3122, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Juhnke moved that the rules be so far
suspended that S. F. No. 3043 be substituted for
H. F. No. 3122 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3318 and
H. F. No. 3682, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Kalin moved that the rules be so far
suspended that S. F. No. 3318 be substituted for
H. F. No. 3682 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3361 and
H. F. No. 3786, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Jackson moved that the rules be so far
suspended that S. F. No. 3361 be substituted for
H. F. No. 3786 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Solberg
from the Committee on Ways and Means to which was referred:
H. F. No. 2227,
A bill for an act relating to local government; establishing Minnesota
Innovation and Research Council; imposing powers and duties of council;
appropriating money; amending Minnesota Statutes 2008, section 3.971, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 465;
repealing Minnesota Statutes 2008, section 6.80.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12100
Carlson from the Committee
on Finance to which was referred:
H. F. No. 2922,
A bill for an act relating to retirement; Minneapolis Employees Retirement
Fund; transfer of administrative functions to the Public Employees Retirement
Association; creation of MERF consolidation account within the Public Employees
Retirement Association; appropriating money; amending Minnesota Statutes 2008,
sections 11A.23, subdivision 4; 13D.01, subdivision 1; 43A.17, subdivision 9;
43A.316, subdivision 8; 69.021, subdivision 10; 126C.41, subdivision 3;
256D.21; 353.01, subdivision 2b, by adding subdivisions; 353.03, subdivision 1;
353.05; 353.27, as amended; 353.34, subdivisions 1, 6; 353.37, subdivisions 1,
2, 3, 4, 5; 353.46, subdivisions 2, 6; 353.64, subdivision 7; 353.71,
subdivision 4; 353.86, subdivisions 1, 2; 353.87, subdivisions 1, 2; 353.88;
354.71; 354A.011, subdivision 27; 354A.39; 355.095, subdivision 1; 356.214,
subdivision 1; 356.215, subdivision 8; 356.30, subdivision 3; 356.302,
subdivisions 1, 7; 356.303, subdivision 4; 356.407, subdivision 2; 356.431,
subdivision 1; 356.465, subdivision 3; 356.64; 356.65, subdivision 2; 356.91;
422A.101, subdivision 3; 422A.26; 473.511, subdivision 3; 473.606, subdivision
5; 475.52, subdivision 6; Minnesota Statutes 2009 Supplement, sections 6.67;
69.011, subdivision 1; 69.031, subdivision 5; 352.01, subdivision 2b; 353.01,
subdivision 2a; 353.06; 356.20, subdivision 2; 356.215, subdivision 11; 356.32,
subdivision 2; 356.401, subdivision 3; 356.415, subdivision 2; 356.96,
subdivision 1; 480.181, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 353; repealing Minnesota Statutes 2008, sections
13.63, subdivision 1; 69.011, subdivision 2a; 356.43; 422A.01, subdivisions 1,
2, 3, 4, 4a, 5, 6, 7, 8, 9, 10, 11, 12, 13a, 17, 18; 422A.02; 422A.03; 422A.04;
422A.05, subdivisions 1, 2a, 2b, 2c, 2d, 2e, 2f, 5, 6, 8; 422A.06, subdivisions
1, 2, 3, 5, 6, 7; 422A.08, subdivision 1; 422A.09; 422A.10; 422A.101,
subdivisions 1, 1a, 2, 2a; 422A.11; 422A.12; 422A.13; 422A.14, subdivision 1;
422A.15; 422A.151; 422A.155; 422A.156; 422A.16, subdivisions 1, 2, 3, 4, 5, 6,
7, 8, 9, 10; 422A.17; 422A.18, subdivisions 1, 2, 3, 4, 5, 7; 422A.19; 422A.20;
422A.21; 422A.22, subdivisions 1, 3, 4, 6; 422A.23, subdivisions 1, 2, 5, 6, 7,
8, 9, 10, 11, 12; 422A.231; 422A.24; 422A.25; Minnesota Statutes 2009
Supplement, sections 422A.06, subdivision 8; 422A.08, subdivision 5.
Reported the same back with
the following amendments:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
ADMINISTRATIVE CONSOLIDATION
OF THE MINNEAPOLIS EMPLOYEES RETIREMENT
FUND INTO THE PUBLIC
EMPLOYEES RETIREMENT ASSOCIATION
Section 1. Minnesota Statutes 2009 Supplement, section
353.01, subdivision 2a, is amended to read:
Subd. 2a. Included
employees. (a) Public employees
whose salary from employment in one or more positions within one governmental
subdivision exceeds $425 in any month shall participate as members of the
association. If the salary is less than
$425 in a subsequent month, the employee retains membership eligibility. Eligible public employees shall participate
as members of the association with retirement coverage by the public
general employees retirement plan or under this chapter, the
public employees police and fire retirement plan under this chapter, or the
local government correctional employees retirement plan under chapter 353E,
whichever applies, as a condition of their employment on the first day of
employment unless they:
(1) are specifically
excluded under subdivision 2b;
(2) do not exercise their
option to elect retirement coverage in the association as provided in
subdivision 2d, paragraph (a); or
(3) are employees of the
governmental subdivisions listed in subdivision 2d, paragraph (b), where the
governmental subdivision has not elected to participate as a governmental
subdivision covered by the association.
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(b) A public employee who
was a member of the association on June 30, 2002, based on employment that
qualified for membership coverage by the public employees retirement plan or
the public employees police and fire plan under this chapter, or the local
government correctional employees retirement plan under chapter 353E as of June
30, 2002, retains that membership for the duration of the person's employment
in that position or incumbency in elected office. Except as provided in subdivision 28, the
person shall participate as a member until the employee or elected
official terminates public employment under subdivision 11a or terminates
membership under subdivision 11b.
(c) Public employees under
paragraph (a) include:
(1) physicians under section
353D.01, subdivision 2, who do not elect public employees defined contribution
plan coverage under section 353D.02, subdivision 2;
(2) full-time employees of
the Dakota County Agricultural Society; and
(3) employees of the
Minneapolis Firefighters Relief Association or Minneapolis Police Relief
Association who are not excluded employees under subdivision 2b due to coverage
by the relief association pension plan and who elect Public Employee Retirement
Association general plan coverage under Laws 2009, chapter 169, article 12,
section 10.
(d) For the purpose of
participation in the MERF division of the general employees retirement plan,
public employees include employees who were members of the former Minneapolis
Employees Retirement Fund on June 29, 2010, and who participate as members
of the MERF division of the association.
Sec. 2. Minnesota Statutes 2008, section 353.01,
subdivision 2b, is amended to read:
Subd. 2b. Excluded
employees. The following public
employees are not eligible to participate as members of the association with
retirement coverage by the public general employees retirement
plan, the local government correctional employees retirement plan under chapter
353E, or the public employees police and fire retirement plan:
(1) public officers, other
than county sheriffs, who are elected to a governing body, or persons who are
appointed to fill a vacancy in an elective office of a governing body, whose
term of office commences on or after July 1, 2002, for the service to be
rendered in that elective position;
(2) election officers or
election judges;
(3) patient and inmate
personnel who perform services for a governmental subdivision;
(4) except as otherwise
specified in subdivision 12a, employees who are hired for a temporary position
as defined under subdivision 12a, and employees who resign from a nontemporary
position and accept a temporary position within 30 days in the same
governmental subdivision;
(5) employees who are
employed by reason of work emergency caused by fire, flood, storm, or similar
disaster;
(6) employees who by virtue
of their employment in one governmental subdivision are required by law to be a
member of and to contribute to any of the plans or funds administered by the
Minnesota State Retirement System, the Teachers Retirement Association, the
Duluth Teachers Retirement Fund Association, the St. Paul Teachers
Retirement Fund Association, the Minneapolis Employees Retirement Fund,
or any police or firefighters relief association governed by section 69.77 that
has not consolidated with the Public Employees Retirement Association, or any
local police or firefighters consolidation account who have not elected the
type of benefit coverage provided by the public employees police and fire fund
under sections 353A.01 to 353A.10, or any persons covered by section
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Day - Tuesday, May 11, 2010 - Top of Page 12102
353.665, subdivision 4, 5,
or 6, who have not elected public employees police and fire plan benefit
coverage. This clause must not be
construed to prevent a person from being a member of and contributing to the
Public Employees Retirement Association and also belonging to and contributing
to another public pension plan or fund for other service occurring during the
same period of time. A person who meets
the definition of "public employee" in subdivision 2 by virtue of
other service occurring during the same period of time becomes a member of the
association unless contributions are made to another public retirement fund on
the salary based on the other service or to the Teachers Retirement Association
by a teacher as defined in section 354.05, subdivision 2;
(7) persons
who are members of a religious order and are excluded from coverage under the
federal Old Age, Survivors, Disability, and Health Insurance Program for the
performance of service as specified in United States Code, title 42, section
410(a)(8)(A), as amended through January 1, 1987, if no irrevocable election of
coverage has been made under section 3121(r) of the Internal Revenue Code of
1954, as amended;
(8) employees
of a governmental subdivision who have not reached the age of 23 and are
enrolled on a full-time basis to attend or are attending classes on a full-time
basis at an accredited school, college, or university in an undergraduate,
graduate, or professional-technical program, or a public or charter high
school;
(9) resident
physicians, medical interns, and pharmacist residents and pharmacist interns
who are serving in a degree or residency program in public hospitals or
clinics;
(10)
students who are serving in an internship or residency program sponsored by an
accredited educational institution;
(11) persons
who hold a part-time adult supplementary technical college license who render
part-time teaching service in a technical college;
(12) except for
employees of Hennepin County or Hennepin Healthcare System, Inc., foreign
citizens working for a governmental subdivision with a work permit of less than
three years, or an H-1b visa valid for less than three years of employment. Upon notice to the association that the work
permit or visa extends beyond the three-year period, the foreign citizens must
be reported for membership from the date of the extension;
(13) public
hospital employees who elected not to participate as members of the association
before 1972 and who did not elect to participate from July 1, 1988, to October
1, 1988;
(14) except
as provided in section 353.86, volunteer ambulance service personnel, as
defined in subdivision 35, but persons who serve as volunteer ambulance service
personnel may still qualify as public employees under subdivision 2 and may be
members of the Public Employees Retirement Association and participants in the public
general employees retirement fund or the public employees police and fire
fund, whichever applies, on the basis of compensation received from public
employment service other than service as volunteer ambulance service personnel;
(15) except
as provided in section 353.87, volunteer firefighters, as defined in
subdivision 36, engaging in activities undertaken as part of volunteer
firefighter duties; provided that a person who is a volunteer firefighter may
still qualify as a public employee under subdivision 2 and may be a member of
the Public Employees Retirement Association and a participant in the public
general employees retirement fund or the public employees police and fire
fund, whichever applies, on the basis of compensation received from public
employment activities other than those as a volunteer firefighter;
(16)
pipefitters and associated trades personnel employed by Independent School
District No. 625, St. Paul, with coverage under a collective
bargaining agreement by the pipefitters local 455 pension plan who were either
first employed after May 1, 1997, or, if first employed before May 2, 1997,
elected to be excluded under Laws 1997, chapter 241, article 2, section 12;
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of Page 12103
(17)
electrical workers, plumbers, carpenters, and associated trades personnel
employed by Independent School District No. 625, St. Paul, or the
city of St. Paul, who have retirement coverage under a collective
bargaining agreement by the Electrical Workers Local 110 pension plan, the
United Association Plumbers Local 34 pension plan, or the Carpenters Local 87
pension plan who were either first employed after May 1, 2000, or, if first
employed before May 2, 2000, elected to be excluded under Laws 2000, chapter
461, article 7, section 5;
(18)
bricklayers, allied craftworkers, cement masons, glaziers, glassworkers,
painters, allied tradesworkers, and plasterers employed by the city of
St. Paul or Independent School District No. 625, St. Paul, with
coverage under a collective bargaining agreement by the Bricklayers and Allied
Craftworkers Local 1 pension plan, the Cement Masons Local 633 pension plan,
the Glaziers and Glassworkers Local L-1324 pension plan, the Painters and
Allied Trades Local 61 pension plan, or the Twin Cities Plasterers Local 265
pension plan who were either first employed after May 1, 2001, or if first
employed before May 2, 2001, elected to be excluded under Laws 2001, First
Special Session chapter 10, article 10, section 6;
(19) plumbers
employed by the Metropolitan Airports Commission, with coverage under a
collective bargaining agreement by the Plumbers Local 34 pension plan, who
either were first employed after May 1, 2001, or if first employed before May
2, 2001, elected to be excluded under Laws 2001, First Special Session chapter
10, article 10, section 6;
(20)
employees who are hired after June 30, 2002, to fill seasonal positions under
subdivision 12b which are limited in duration by the employer to 185
consecutive calendar days or less in each year of employment with the
governmental subdivision;
(21) persons
who are provided supported employment or work-study positions by a governmental
subdivision and who participate in an employment or industries program
maintained for the benefit of these persons where the governmental subdivision
limits the position's duration to three years or less, including persons
participating in a federal or state subsidized on-the-job training, work
experience, senior citizen, youth, or unemployment relief program where the
training or work experience is not provided as a part of, or for, future
permanent public employment;
(22)
independent contractors and the employees of independent contractors; and
(23)
reemployed annuitants of the association during the course of that
reemployment.
Sec. 3. Minnesota Statutes 2008, section 353.01, is
amended by adding a subdivision to read:
Subd. 47. MERF
division. "MERF
division" means the separate retirement plan within the general employees
retirement plan of the Public Employees Retirement Association containing the
applicable provisions of Minnesota Statutes 2008, chapter 422A.
Sec. 4. Minnesota Statutes 2008, section 353.01, is
amended by adding a subdivision to read:
Subd. 48. MERF
division account. "MERF
division account" means the separate account within the retirement fund of
the general employees retirement fund of the Public Employees Retirement
Association in which the actuarial liabilities of the former Minneapolis
Employees Retirement Fund are held, and in which the assets of the former
Minneapolis Employees Retirement Fund are credited.
Sec. 5. Minnesota Statutes 2008, section 353.05, is
amended to read:
353.05 CUSTODIAN OF FUNDS.
The
commissioner of management and budget shall be ex officio treasurer of the
retirement funds of the association, including the MERF division, and
the general bond of the commissioner of management and budget to the state shall
must be so conditioned as to cover all liability for acts as treasurer of these
funds. All moneys money
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of the
association received by the commissioner of management and budget shall
must be set aside in the state treasury to the credit of the proper fund
or account. The commissioner of management
and budget shall transmit monthly to the executive director a detailed
statement of all amounts so received and credited to the fund funds,
including the MERF division.
Payments out of the fund shall funds, including the
MERF division, may only be made only on warrants issued by the
commissioner of management and budget, upon abstracts signed by the executive
director; provided that abstracts for investment may be signed by the secretary
executive director of the State Board of Investment.
Sec. 6. Minnesota Statutes 2009 Supplement, section
353.06, is amended to read:
353.06 STATE BOARD OF INVESTMENT TO INVEST FUNDS.
The
executive director shall from time to time certify to the State Board of
Investment for investment such portions of the retirement fund funds
of the association, including the MERF division, as in its the
director's judgment may not be required for immediate use. The State Board of Investment shall thereupon
invest and reinvest the sum so certified, or transferred, in such securities as
are duly authorized as legal investments for state employees retirement fund
under section 11A.24 and shall have has authority to sell,
convey, and exchange such securities and invest and reinvest the securities
when it deems it desirable to do so and shall sell securities upon request of
the board of trustees executive director when such funds are
needed for its purposes. All of the
provisions regarding accounting procedures and restrictions and conditions for
the purchase and sale of securities under chapter 11A must apply to the
accounting, purchase and sale of securities for the funds of the Public
Employees Retirement fund Association, including the MERF division.
Sec. 7. Minnesota Statutes 2008, section 353.27, as
amended by Laws 2009, chapter 169, article 1, section 32, and article 4,
sections 9, 10, 11, and 12, is amended to read:
353.27 PUBLIC GENERAL EMPLOYEES
RETIREMENT FUND.
Subdivision
1. Income;
disbursements. There is a special
fund known as the "public general employees retirement
fund," the "retirement fund," or the "fund," which
must include all the assets of the general employees retirement plan of the association. This fund must be credited with all
contributions, all interest and all other income of the general employees
retirement plan of the Public Employees Retirement Association that are authorized
by law. From this fund there is
appropriated the payments authorized by this chapter sections 353.01
to 353.46 in the amounts and at such time provided herein, including the
expenses of administering the general employees retirement plan and fund.
Subd. 1a. MERF
division account established; revenue and disbursements. The MERF division account is
established as a special account. The
MERF division account includes all of the assets of the former Minneapolis
Employees Retirement Fund that were transferred to the administration of the
Public Employees Retirement Association under section 353.50. The special account is credited with the
contributions under section 353.50, subdivision 7, state aid under sections
356.43 and 422A.101, subdivision 3, investment performance on the special
account assets, and all other income of the MERF division authorized by
law. The payments of annuities and
benefits authorized by Minnesota Statutes 2008, chapter 422A, in the amounts
and at the times provided in that chapter, and the administrative expenses of
the MERF division are appropriated from the special account.
Subd. 2. General
employees retirement plan; employee contribution. (a) For a basic member of the general
employees retirement plan of the Public Employees Retirement Association,
the employee contribution is 9.10 percent of salary. For a coordinated member of the general employees
retirement plan of the Public Employees Retirement Association, the
employee contribution is six percent of salary plus any contribution rate
adjustment under subdivision 3b.
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of Page 12105
(b) These
contributions must be made by deduction from salary as defined in section
353.01, subdivision 10, in the manner provided in subdivision 4. If any portion of a member's salary is paid
from other than public funds, the member's employee contribution must be based
on the total salary received by the member from all sources.
Subd. 3. General
employees retirement plan; employer contribution. (a) For a basic member of the general
employees retirement plan of the Public Employees Retirement Association,
the employer contribution is 9.10 percent of salary. For a coordinated member of the general
employees retirement plan of the Public Employees Retirement Association,
the employer contribution is six percent of salary plus any contribution rate
adjustment under subdivision 3b.
(b) This
contribution must be made from funds available to the employing subdivision by
the means and in the manner provided in section 353.28.
Subd. 3a. Additional
employer contribution. (a) An
additional employer contribution to the general employees retirement fund of
the Public Employees Retirement Association must be made equal to the
following applicable percentage of the total salary amount for "basic
members" and for "coordinated members":
Basic
Program Coordinated
Program
Effective before January 1, 2006 2.68 .43
Effective January 1, 2006 2.68 .50
Effective January 1, 2009 2.68 .75
Effective January 1, 2010 2.68 1.00
These
contributions must be made from funds available to the employing subdivision by
the means and in the manner provided in section 353.28.
(b) The
coordinated program contribution rates set forth in paragraph (a) effective for
January 1, 2009, or January 1, 2010, must not be implemented if,
following receipt of the July 1, 2008, or July 1, 2009, annual actuarial
valuation reports report under section 356.215, respectively, the
actuarially required contributions are equal to or less than the total rates
under this section in effect as of January 1, 2008.
(c) This
subdivision is repealed once the actuarial value of the assets of the general
employees retirement plan of the Public Employees Retirement Association
equal or exceed the actuarial accrued liability of the plan as determined
by the actuary retained under sections 356.214 and 356.215. The repeal is effective on the first day of
the first full pay period occurring after March 31 of the calendar year
following the issuance of the actuarial valuation upon which the repeal is
based.
Subd. 3b. Change
in employee and employer contributions in certain instances. (a) For purposes of this section, a
contribution sufficiency exists if the total of the employee contribution under
subdivision 2, the employer contribution under subdivision 3, the additional
employer contribution under subdivision 3a, and any additional contribution
previously imposed under this subdivision exceeds the total of the normal cost,
the administrative expenses, and the amortization contribution of the general
employees retirement plan as reported in the most recent actuarial
valuation of the retirement plan prepared by the actuary retained under section
356.214 and prepared under section 356.215 and the standards for actuarial work
of the Legislative Commission on Pensions and Retirement. For purposes of this section, a contribution
deficiency exists if the total of the employee contributions under subdivision
2, the employer contributions under subdivision 3, the additional employer
contribution under subdivision 3a, and any additional contribution previously
imposed under this subdivision is less than the total of the normal cost, the
administrative expenses, and the amortization contribution of the general
employees retirement plan as reported in the most recent actuarial
valuation of the retirement plan prepared by the actuary retained under section
356.214 and prepared under section 356.215 and the standards for actuarial work
of the Legislative Commission on Pensions and Retirement.
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(b)
Employee and employer contributions to the general employees retirement plan
under subdivisions 2 and 3 must be adjusted:
(1) if,
after July 1, 2010, the regular actuarial valuations of the general employees
retirement plan of the Public Employees Retirement Association under section
356.215 indicate that there is a contribution sufficiency under paragraph (a)
equal to or greater than 0.5 percent of covered payroll for two consecutive
years, the coordinated program employee and employer contribution rates must be
decreased as determined under paragraph (c) to a level such that the
sufficiency equals no more than 0.25 percent of covered payroll based on the
most recent actuarial valuation; or
(2) if,
after July 1, 2010, the regular actuarial valuations of the general employees
retirement plan of the Public Employees Retirement Association under section
356.215 indicate that there is a deficiency equal to or greater than 0.5
percent of covered payroll for two consecutive years, the coordinated program
employee and employer contribution rates must be increased as determined under
paragraph (c) to a level such that no deficiency exists based on the most
recent actuarial valuation.
(c) The general
employees retirement plan contribution rate increase or decrease must be
determined by the executive director of the Public Employees Retirement
Association, must be reported to the chair and the executive director of the
Legislative Commission on Pensions and Retirement on or before the next
February 1, and, if the Legislative Commission on Pensions and Retirement does
not recommend against the rate change or does not recommend a modification in
the rate change, is effective on the next July 1 following the determination by
the executive director that a contribution deficiency or sufficiency has
existed for two consecutive fiscal years based on the most recent actuarial
valuations under section 356.215. If the
actuarially required contribution of the general employees retirement plan exceeds
or is less than the total support provided by the combined employee and
employer contribution rates by more than 0.5 percent of covered payroll, the general
employees retirement plan coordinated program employee and employer
contribution rates must be adjusted incrementally over one or more years to a
level such that there remains a contribution sufficiency of no more than 0.25
percent of covered payroll.
(d) No
incremental adjustment may exceed 0.25 percent for either the general
employees retirement plan coordinated program employee and employer
contribution rates per year in which any adjustment is implemented. A general employees retirement plan contribution
rate adjustment under this subdivision must not be made until at least two
years have passed since fully implementing a previous adjustment under this
subdivision.
(e) The
general employees retirement plan contribution sufficiency or deficiency
determination under paragraphs (a) to (d) must be made without the inclusion of
the contributions to, the funded condition of, or the actuarial funding
requirements of the MERF division.
Subd. 4. Employer
reporting requirements; contributions; member status. (a) A representative authorized by the
head of each department shall deduct employee contributions from the salary of
each employee who qualifies for membership in the general employees
retirement plan of the Public Employees Retirement Association or in the public
employees police and fire retirement plan under this chapter and remit
payment in a manner prescribed by the executive director for the aggregate
amount of the employee contributions, the employer contributions and the
additional employer contributions to be received within 14 calendar days. The head of each department or the person's
designee shall for each pay period submit to the association a salary deduction
report in the format prescribed by the executive director. Data required to be submitted as part of
salary deduction reporting must include, but are not limited to:
(1) the
legal names and Social Security numbers of employees who are members;
(2) the
amount of each employee's salary deduction;
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(3) the
amount of salary from which each deduction was made;
(4) the
beginning and ending dates of the payroll period covered and the date of actual
payment; and
(5) adjustments
or corrections covering past pay periods.
(b)
Employers must furnish the data required for enrollment for each new employee
who qualifies for membership in the general employees retirement plan of the
Public Employees Retirement Association or in the public employees police and
fire retirement plan in the format prescribed by the executive
director. The required enrollment data
on new employees must be submitted to the association prior to or concurrent
with the submission of the initial employee salary deduction. The employer shall also report to the
association all member employment status changes, such as leaves of absence,
terminations, and death, and shall report the effective dates of those changes,
on an ongoing basis for the payroll cycle in which they occur. The employer shall furnish data, forms, and
reports as may be required by the executive director for proper administration
of the retirement system. Before
implementing new or different computerized reporting requirements, the executive
director shall give appropriate advance notice to governmental subdivisions to
allow time for system modifications.
(c)
Notwithstanding paragraph (a), the association executive director may
provide for less frequent reporting and payments for small employers.
Subd. 7. Adjustment
for erroneous receipts or disbursements.
(a) Except as provided in paragraph (b), erroneous employee
deductions and erroneous employer contributions and additional employer
contributions to the general employees retirement plan of the Public
Employees Retirement Association or to the public employees police and fire
retirement plan for a person, who otherwise does not qualify for membership
under this chapter, are considered:
(1) valid
if the initial erroneous deduction began before January 1, 1990. Upon determination of the error by the
association, the person may continue membership in the association while
employed in the same position for which erroneous deductions were taken, or
file a written election to terminate membership and apply for a refund upon
termination of public service or defer an annuity under section 353.34; or
(2)
invalid, if the initial erroneous employee deduction began on or after January
1, 1990. Upon determination of the
error, the association shall refund all erroneous employee deductions and all
erroneous employer contributions as specified in paragraph (e). No person may claim a right to continued or
past membership in the association based on erroneous deductions which began on
or after January 1, 1990.
(b)
Erroneous deductions taken from the salary of a person who did not qualify for
membership in the general employees retirement plan of the Public Employees
Retirement Association or in the public employees police and fire
retirement plan by virtue of concurrent employment before July 1, 1978,
which required contributions to another retirement fund or relief association
established for the benefit of officers and employees of a governmental
subdivision, are invalid. Upon discovery
of the error, the association shall remove all invalid service and, upon
termination of public service, the association shall refund all erroneous
employee deductions to the person, with interest as determined under section
353.34, subdivision 2, and all erroneous employer contributions without
interest to the employer. This paragraph
has both retroactive and prospective application.
(c)
Adjustments to correct employer contributions and employee deductions taken in
error from amounts which are not salary under section 353.01, subdivision 10,
must be made as specified in paragraph (e).
The period of adjustment must be limited to the fiscal year in which the
error is discovered by the association and the immediate two preceding fiscal
years.
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(d) If there is evidence of
fraud or other misconduct on the part of the employee or the employer, the
board of trustees may authorize adjustments to the account of a member or
former member to correct erroneous employee deductions and employer
contributions on invalid salary and the recovery of any overpayments for a
period longer than provided for under paragraph (c).
(e) Upon discovery of the
receipt of erroneous employee deductions and employer contributions under paragraph
(a), clause (2), or paragraph (c), the association must require the employer to
discontinue the erroneous employee deductions and erroneous employer
contributions reported on behalf of a member.
Upon discontinuation, the association must:
(1) for a member, provide a
refund or credit to the employer in the amount of the invalid employee
deductions with interest on the invalid employee deductions at the rate
specified under section 353.34, subdivision 2, from the received date of each
invalid salary transaction through the date the credit or refund is made; and
the employer must pay the refunded employee deductions plus interest to the
member;
(2) for a former member who:
(i) is not receiving a
retirement annuity or benefit, return the erroneous employee deductions to the
former member through a refund with interest at the rate specified under
section 353.34, subdivision 2, from the received date of each invalid salary
transaction through the date the credit or refund is made; or
(ii) is receiving a
retirement annuity or disability benefit, or a person who is receiving an
optional annuity or survivor benefit, for whom it has been determined an
overpayment must be recovered, adjust the payment amount and recover the
overpayments as provided under this section; and
(3) return the invalid
employer contributions reported on behalf of a member or former member to the
employer by providing a credit against future contributions payable by the
employer.
(f) In the event that a
salary warrant or check from which a deduction for the retirement fund was
taken has been canceled or the amount of the warrant or check returned to the
funds of the department making the payment, a refund of the sum deducted, or
any portion of it that is required to adjust the deductions, must be made to
the department or institution.
(g) If the accrual date of
any retirement annuity, survivor benefit, or disability benefit is within the
limitation period specified in paragraph (c), and an overpayment has resulted
by using invalid service or salary, or due to any erroneous calculation
procedure, the association must recalculate the annuity or benefit payable and
recover any overpayment as provided under subdivision 7b.
(h) Notwithstanding the
provisions of this subdivision, the association may apply the Revenue
Procedures defined in the federal Internal Revenue Service Employee Plans
Compliance Resolution System and not issue a refund of erroneous employee
deductions and employer contributions or not recover a small overpayment of benefits
if the cost to correct the error would exceed the amount of the member refund
or overpayment.
(i) Any fees or penalties
assessed by the federal Internal Revenue Service for any failure by an employer
to follow the statutory requirements for reporting eligible members and salary
must be paid by the employer.
Subd. 7a. Deductions
or contributions transmitted by error. (a)
If employee deductions and employer contributions under this section,
section 353.50, 353.65, or 353E.03 were erroneously transmitted to the
association, but should have been transmitted to another Minnesota public
pension plan, the executive director shall transfer the erroneous employee
deductions and employer contributions to the appropriate retirement fund or
individual account, as applicable, without interest. The time limitations specified in
subdivisions 7 and 12 do not apply.
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(b) For
purposes of this subdivision, a Minnesota public pension plan means a plan
specified in section 356.30, subdivision 3, or the plans governed by chapters
353D and 354B.
(c) A
potential transfer under paragraph (a) that is reasonably determined to cause
the plan to fail to be a qualified plan under section 401(a) of the federal
Internal Revenue Code, as amended, must not be made by the executive director
of the association. Within 30 days after
being notified by the Public Employees Retirement Association of an unmade
potential transfer under this paragraph, the employer of the affected person
must transmit an amount representing the applicable salary deductions and
employer contributions, without interest, to the retirement fund of the
appropriate Minnesota public pension plan, or to the applicable individual
account if the proper coverage is by a defined contribution plan. The association must provide the employing
unit a credit for the amount of the erroneous salary deductions and employer
contributions against future contributions from the employer. If the employing unit receives a credit under
this paragraph, the employing unit is responsible for refunding to the applicable
employee any amount that had been erroneously deducted from the person's
salary.
Subd. 7b. Recovery
of overpayments. (a) In the event
the executive director determines that an overpaid annuity or benefit that
from the general employees retirement plan of the Public Employees
Retirement Association, the public employees police and fire retirement plan,
or the local government correctional employees retirement plan is the
result of invalid salary included in the average salary used to calculate the
payment amount must be recovered, the association must determine the amount of
the employee deductions taken in error on the invalid salary, with interest
determined in the manner provided for a former member under subdivision 7,
paragraph (e), clause (2), item (i), and must subtract that amount from the
total annuity or benefit overpayment, and the remaining balance of the overpaid
annuity or benefit, if any, must be recovered.
(b) If the
invalid employee deductions plus interest exceed the amount of the overpaid
benefits, the balance must be refunded to the person to whom the benefit or
annuity is being paid.
(c) Any
invalid employer contributions reported on the invalid salary must be credited
to the employer as provided in subdivision 7, paragraph (e).
(d) If a
member or former member, who is receiving a retirement annuity or disability
benefit for which an overpayment is being recovered, dies before recovery of
the overpayment is completed and a joint and survivor optional annuity is
payable, the remaining balance of the overpaid annuity or benefit must continue
to be recovered from the payment to the optional annuity beneficiary.
(e) If the
association finds that a refund has been overpaid to a former member,
beneficiary or other person, the amount of the overpayment must be recovered
for the benefit of the respective retirement fund or account.
(f) The
board of trustees shall adopt policies directing the period of time and manner
for the collection of any overpaid retirement or optional annuity, and survivor
or disability benefit, or a refund that the executive director determines must
be recovered as provided under this section.
Subd. 7c. Limitation
on additional plan coverage. No
deductions for any plan under this chapter or chapter 353E may be taken from
the salary of a person who is employed by a governmental subdivision under
section 353.01, subdivision 6, and who is receiving disability benefit payments
from any plan under this chapter or chapter 353E unless the person waives the
right to further disability benefit payments.
Subd. 8. District
court reporters; salary deductions. Deductions
from the salary of a district court reporter in a judicial district consisting
of two or more counties shall must be made by the auditor of the
county in which the bond and official oath of such district court reporter are
filed, from the portion of salary paid by such county.
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Subd. 9. Fee
officers; contributions; obligations of employers. Any appointed or elected officer of a
governmental subdivision who was or is a "public employee" within the
meaning of section 353.01 and was or is a member of the fund general
employees retirement plan of the Public Employees Retirement Association and
whose salary was or is paid in whole or in part from revenue derived by fees
and assessments, shall pay employee contribution in the amount, at the time, and
in the manner provided in subdivisions 2 and 4.
This subdivision shall does not apply to district court
reporters. The employer contribution as
provided in subdivision 3, and the additional employer contribution as provided
in subdivision 3a, with respect to such service shall must be
paid by the governmental subdivision.
This subdivision shall have has both retroactive and
prospective application as to all such members; and every employing
governmental subdivision is deemed liable, retroactively and prospectively, for
all employer and additional employer contributions for every such member of
the general employees retirement plan in its employ. Delinquencies under this section shall be
are governed in all respects by section 353.28.
Subd. 10. Employer
exclusion reports. The head of a
department shall annually furnish the executive director with an exclusion
report listing only those employees in potentially PERA general employees
retirement plan-eligible positions who were not reported as members of the association
general employees retirement plan and who worked during the school year
for school employees and calendar year for nonschool employees. The department head must certify the accuracy
and completeness of the exclusion report to the association. The executive director shall prescribe the
manner and forms, including standardized exclusion codes, to be used by a
governmental subdivision in preparing and filing exclusion reports. The executive director shall also check the
exclusion report to ascertain whether any omissions have been made by a
department head in the reporting of new public employees for membership. The executive director may delegate an
association employee under section 353.03, subdivision 3a, paragraph (b),
clause (5), to conduct a field audit to review the payroll records of a
governmental subdivision.
Subd. 11. Employers;
required to furnish requested information.
(a) All governmental subdivisions shall furnish promptly such other
information relative to the employment status of all employees or former
employees, including, but not limited to, payroll abstracts pertaining to all
past and present employees, as may be requested by the executive director,
including schedules of salaries applicable to various categories of employment.
(b) In the event payroll
abstract records have been lost or destroyed, for whatever reason or in
whatever manner, so that such schedules of salaries cannot be furnished
therefrom, the employing governmental subdivision, in lieu thereof, shall
furnish to the association an estimate of the earnings of any employee or
former employee for any period as may be requested by the executive
director. If the association is provided
a schedule of estimated earnings, the executive director is authorized to use
the same as a basis for making whatever computations might be necessary for
determining obligations of the employee and employer to the general
employees retirement fund plan, the public employees police and
fire retirement plan, or the local government correctional employees retirement
plan. If estimates are not furnished
by the employer at the request of the executive director, the executive
director may estimate the obligations of the employee and employer to the general
employees retirement fund, the public employees police and fire
retirement plan, or the local government correctional employees retirement plan
based upon those records that are in its possession.
Subd. 12. Omitted
salary deductions; obligations. (a)
In the case of omission of required deductions for the general employees
retirement plan, the public employees police and fire retirement plan, or the
local government correctional employees retirement plan from the salary of
an employee, the department head or designee shall immediately, upon discovery,
report the employee for membership and deduct the employee deductions under
subdivision 4 during the current pay period or during the pay period
immediately following the discovery of the omission. Payment for the omitted obligations may only
be made in accordance with reporting procedures and methods established by the
executive director.
(b) When the entire omission
period of an employee does not exceed 60 days, the governmental subdivision may
report and submit payment of the omitted employee deductions and the omitted
employer contributions through the reporting processes under subdivision 4.
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(c) When the
omission period of an employee exceeds 60 days, the governmental subdivision
shall furnish to the association sufficient data and documentation upon which
the obligation for omitted employee and employer contributions can be calculated. The omitted employee deductions must be
deducted from the employee's subsequent salary payment or payments and remitted
to the association for deposit in the applicable retirement fund. The employee shall pay omitted employee
deductions due for the 60 days prior to the end of the last pay period in the
omission period during which salary was earned.
The employer shall pay any remaining omitted employee deductions and any
omitted employer contributions, plus cumulative interest at an annual rate of
8.5 percent compounded annually, from the date or dates each omitted employee
contribution was first payable.
(d) An
employer shall not hold an employee liable for omitted employee deductions
beyond the pay period dates under paragraph (c), nor attempt to recover from
the employee those employee deductions paid by the employer on behalf of the
employee. Omitted deductions due under
paragraph (c) which are not paid by the employee constitute a liability of the
employer that failed to deduct the omitted deductions from the employee's
salary. The employer shall make payment
with interest at an annual rate of 8.5 percent compounded annually. Omitted employee deductions are no longer due
if an employee terminates public service before making payment of omitted
employee deductions to the association, but the employer remains liable to pay
omitted employer contributions plus interest at an annual rate of 8.5 percent
compounded annually from the date the contributions were first payable.
(e) The
association may not commence action for the recovery of omitted employee
deductions and employer contributions after the expiration of three calendar
years after the calendar year in which the contributions and deductions were
omitted. Except as provided under
paragraph (b), no payment may be made or accepted unless the association has
already commenced action for recovery of omitted deductions. An action for recovery commences on the date
of the mailing of any written correspondence from the association requesting information
from the governmental subdivision upon which to determine whether or not
omitted deductions occurred.
Subd. 12a. Terminated
employees: omitted deductions. A terminated employee who was a member
of the general employees retirement plan of the Public Employees Retirement
Association, the public employees police and fire retirement plan, or the local
government correctional employees retirement plan and who has a period of
employment in which previously omitted employer contributions were made under
subdivision 12 but for whom no, or only partial, omitted employee contributions
have been made, or a member who had prior coverage in the association for which
previously omitted employer contributions were made under subdivision 12 but
who terminated service before required omitted employee deductions could be
withheld from salary, may pay the omitted employee deductions for the period on
which omitted employer contributions were previously paid plus interest at an
annual rate of 8.5 percent compounded annually.
A terminated employee may pay the omitted employee deductions plus
interest within six months of an initial notification from the association of
eligibility to pay those omitted deductions.
If a terminated employee is reemployed in a position covered under a
public pension fund under section 356.30, subdivision 3, and elects to pay
omitted employee deductions, payment must be made no later than six months
after a subsequent termination of public service.
Subd. 12b. Terminated
employees: immediate eligibility. If deductions were omitted from salary
adjustments or final salary of a terminated employee who was a member of the
general employees retirement plan, the public employees police and fire
retirement plan, or the local government correctional employees retirement plan
and who is immediately eligible to draw a monthly benefit, the employer
shall pay the omitted employer and employer additional contributions plus
interest on both the employer and employee amounts due at an annual rate of 8.5
percent compounded annually. The
employee shall pay the employee deductions within six months of an initial
notification from the association of eligibility to pay omitted deductions or
the employee forfeits the right to make the payment.
Subd. 13. Certain
warrants canceled. A warrant payable
from the general employees retirement fund, the public employees
police and fire retirement fund, or the local government correctional
retirement fund remaining unpaid for a period of six months must be
canceled into the applicable retirement fund and not canceled into
the state's general fund.
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Subd. 14. Periods
before initial coverage date. (a) If
an entity is determined to be a governmental subdivision due to receipt of a
written notice of eligibility from the association with respect to the
general employees retirement plan, the public employees police and fire
retirement plan, or the local government correctional retirement plan, that
employer and its employees are subject to the requirements of subdivision 12,
effective retroactively to the date that the executive director of the
association determines that the entity first met the definition of a
governmental subdivision, if that date predates the notice of eligibility.
(b) If the retroactive time
period under paragraph (a) exceeds three years, an employee is authorized to
purchase service credit in the applicable Public Employees Retirement
Association plan for the portion of the period in excess of three years, by
making payment under section 356.551.
Notwithstanding any provision of section 356.551, subdivision 2, to
the contrary, regarding time limits on purchases, payment of a service
credit purchase amount may be made anytime before the termination of
public service.
(c) This subdivision does
not apply if the applicable employment under paragraph (a) included coverage by
any public or private defined benefit or defined contribution retirement plan,
other than a volunteer firefighters relief association. If this paragraph applies, an individual is
prohibited from purchasing service credit from a Public Employees Retirement
Association plan for any period or periods specified in paragraph (a).
Sec. 8. Minnesota Statutes 2008, section 353.34,
subdivision 1, is amended to read:
Subdivision 1. Refund
or deferred annuity. (a) A former
member is entitled to a refund of accumulated employee deductions under
subdivision 2, or to a deferred annuity under subdivision 3. Application for a refund may not be made
before the date of termination of public service. Except as specified in paragraph (b), a
refund must be paid within 120 days following receipt of the application unless
the applicant has again become a public employee required to be covered by the
association.
(b) If an individual was
placed on layoff under section 353.01, subdivision 12 or 12c, a refund is not
payable before termination of service under section 353.01, subdivision
11a.
(c) An individual who
terminates public service covered by the Public Employees Retirement
Association general employees retirement plan, the MERF division, the
Public Employees Retirement Association police and fire retirement plan, or the
public employees local government corrections service retirement plan, and who
is employed by a different employer and who becomes an active member covered by
one of the other two plans, may receive a refund of employee contributions plus
six percent interest compounded annually from the plan from which the member
terminated service.
Sec. 9. Minnesota Statutes 2008, section 353.34,
subdivision 6, is amended to read:
Subd. 6. Additions
to fund. The board of trustees may
credit to the general employees retirement fund any moneys money
received in the form of contributions, donations, gifts, appropriations,
bequests, or otherwise.
Sec. 10. Minnesota Statutes 2008, section 353.37,
subdivision 1, is amended to read:
Subdivision 1. Salary
maximums. (a) The annuity of
a person otherwise eligible for an annuity under this chapter from
the general employees retirement plan of the Public Employees Retirement
Association, the public employees police and fire retirement plan, or the local
government correctional employees retirement plan must be suspended under
subdivision 2 or reduced under subdivision 3, whichever results in the higher
annual annuity amount, if the person reenters public service as a nonelective
employee of a governmental subdivision in a position covered by this chapter or
returns to work as an employee of a labor organization that represents public
employees who are association members under this chapter and salary for the
reemployment service exceeds the annual maximum earnings allowable for that age
for the continued receipt of full benefit amounts monthly under the federal
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Old Age, Survivors and
Disability Insurance Program as set by the secretary of health and human
services under United States Code, title 42, section 403, in any calendar
year. If the person has not yet reached
the minimum age for the receipt of Social Security benefits, the maximum salary
for the person is equal to the annual maximum earnings allowable for the
minimum age for the receipt of Social Security benefits.
(b) The provisions of
paragraph (a) do not apply to the members of the MERF division.
Sec. 11. Minnesota Statutes 2008, section 353.37,
subdivision 2, is amended to read:
Subd. 2. Suspension
of annuity. (a) The
association shall suspend the annuity on the first of the month after the month
in which the salary of the reemployed annuitant described in subdivision 1,
paragraph (a), exceeds the maximums set in subdivision 1, paragraph (a),
based only on those months in which the annuitant is actually employed in
nonelective public service in a position covered under this chapter or
employment with a labor organization that represents public employees who are association
members of a retirement plan under this chapter or chapter 353E.
(b) An annuitant who is elected
to public office after retirement may hold that office and receive an
annuity otherwise payable from a retirement plan administered by the
association.
Sec. 12. Minnesota Statutes 2008, section 353.37,
subdivision 3, is amended to read:
Subd. 3. Reduction
of annuity. (a) The
association shall reduce the amount of the annuity of a person who has not
reached the retirement age by one-half of the amount in excess of the
applicable reemployment income maximum under subdivision 1, paragraph (a).
(b) There is no reduction upon
reemployment, regardless of income, for a person who has reached the
retirement age.
Sec. 13. Minnesota Statutes 2008, section 353.37,
subdivision 4, is amended to read:
Subd. 4. Resumption
of annuity. The association shall
resume paying a full annuity to the reemployed annuitant described in
subdivision 1, paragraph (a), at the start of each calendar year until the
salary exceeds the maximums under subdivision 1, paragraph (a), or on
the first of the month following the termination of the employment
which resulted in the suspension of the annuity. The executive director may adopt policies
regarding the suspension and reduction of annuities under this section.
Sec. 14. Minnesota Statutes 2008, section 353.37,
subdivision 5, is amended to read:
Subd. 5. Effect
on annuity. Except as provided under
this section, public service performed by an annuitant described in
subdivision 1, paragraph (a), subsequent to retirement under this
chapter from the general employees retirement plan, the public employees
police and fire retirement plan, or the local government correctional employees
retirement plan does not increase or decrease the amount of an
annuity. The annuitant shall not make
any further contributions to the association's a defined benefit
plan administered by the association by reason of this subsequent public
service.
Sec. 15. Minnesota Statutes 2008, section 353.46,
subdivision 2, is amended to read:
Subd. 2. Rights
of deferred annuitant. The right
entitlement of a deferred annuitant or other former member of the
general employees retirement plan of the Public Employees Retirement
Association, the Minneapolis Employees Retirement Fund division, the public
employees police and fire retirement plan, or the local government correctional
employees retirement plan to receive an annuity under the law in effect at
the time such the person
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terminated public service is
herein preserved; provided, however,. The provisions of section 353.71, subdivision
2, as amended by Laws 1973, chapter 753 shall, apply to a
deferred annuitant or other former member who first begins receiving an annuity
after July 1, 1973.
Sec. 16. Minnesota Statutes 2008, section 353.46,
subdivision 6, is amended to read:
Subd. 6. Computation
of benefits for certain coordinated members.
Any coordinated member of the general employees retirement plan
of the Public Employees Retirement Association who prior to,
before July 1, 1979, was a member of the former coordinated
program of the former Minneapolis Municipal Employees Retirement Fund
and who prior to, before July 1, 1978, was a member of the
basic program of the Minneapolis Municipal Employees Retirement Fund shall:
(1) be is
entitled to receive a retirement annuity when otherwise qualified, the
calculation of which shall must utilize the formula accrual rates
specified in section 422A.15, subdivision 1, for that portion of credited
service which was rendered prior to before July 1, 1978, and the
formula accrual rates specified in section 353.29, subdivision 3, for the
remainder of credited service, both applied to the average salary as specified
in section 353.29, subdivision 2 353.01, subdivision 17a. The formula accrual rates to be used in
calculating the retirement annuity shall must recognize the
service after July 1, 1978, as a member of the former coordinated
program of the former Minneapolis Municipal Employees Retirement Fund
and after July 1, 1979, as a member of the general employees
retirement plan of the Public Employees Retirement Association as a
continuation of service rendered prior to before July 1,
1978. The annuity amount attributable to
service as a member of the basic program of the former Minneapolis
Municipal Employees Retirement Fund shall be is payable by
from the Minneapolis Employees Retirement Fund MERF division
and the annuity amount attributable to all other service shall be is
payable by from the general employees retirement fund of the
Public Employees Retirement Association; .
(2) retain
eligibility when otherwise qualified for a disability benefit from the Minneapolis
Employees Retirement Fund until July 1, 1982, notwithstanding coverage by the
Public Employees Retirement Association, if the member has or would, without
the transfer of retirement coverage from the basic program of the Minneapolis
Municipal Employees Retirement Fund to the coordinated program of the
Minneapolis Municipal Employees Retirement Fund or from the coordinated program
of the Minneapolis Municipal Employees Retirement Fund to the public employees
retirement fund, have sufficient credited service prior to January 1, 1983, to
meet the minimum service requirements for a disability benefit pursuant to
section 422A.18. The disability benefit
amount attributable to service as a member of the basic program of the
Minneapolis Municipal Employees Retirement Fund shall be payable by the
Minneapolis Employees Retirement Fund and the disability benefit amount
attributable to all other service shall be payable by the Public Employees
Retirement Association.
Sec. 17. [353.50]
MERF CONSOLIDATION ACCOUNT; ESTABLISHMENT AND OPERATION.
Subdivision
1. Administrative consolidation.
(a) Notwithstanding any provision of this chapter or chapter 422A
to the contrary, the administration of the Minneapolis Employees Retirement
Fund as the MERF division is transferred to the Public Employees Retirement
Association board of trustees. The
assets, service credit, and benefit liabilities of the Minneapolis Employees
Retirement Fund transfer to the MERF division account within the general
employees retirement plan of the Public Employees Retirement Association
established by section 353.27, subdivision 1a, on July 1, 2010.
(b) The
creation of the MERF division must not be construed to alter the Social
Security or Medicare coverage of any member of the former Minneapolis Employees
Retirement Fund on June 29, 2010, while employed in a position covered under
the MERF division of the Public Employees Retirement Association.
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Subd. 2. Membership
transfer. Effective June 30,
2010, the active, inactive, and retired members of the Minneapolis Employees
Retirement Fund are transferred to the MERF division administered by the Public
Employees Retirement Association and are no longer members of the Minneapolis
Employees Retirement Fund.
Subd. 3. Service
credit and benefit liability transfer.
(a) All allowable service credit and salary credit of the members
of the Minneapolis Employees Retirement Fund as specified in the records of the
Minneapolis Employees Retirement Fund through June 30, 2010, are transferred to
the MERF division of the Public Employees Retirement Association and are
credited by the MERF division. Annuities
or benefits of persons who are active members of the former Minneapolis
Employees Retirement Fund on June 30, 2010, must be calculated under Minnesota
Statutes 2008, sections 422A.11; 422A.12; 422A.13; 422A.14; 422A.15; 422A.151;
422A.155; 422A.156; 422A.16; 422A.17; 422A.18; 422A.19; 422A.20; and 422A.23,
but are only eligible for automatic postretirement adjustments after December
31, 2010, under section 356.415.
(b) The
liability for the payment of annuities and benefits of the Minneapolis
Employees Retirement Fund retirees and benefit recipients as specified in the
records of the Minneapolis Employees Retirement Fund on
June 29, 2010, is transferred to the MERF division of the Public
Employees Retirement Association on June 30, 2010.
Subd. 4. Records
transfer. On June 30, 2010,
the executive director of the Minneapolis Employees Retirement Fund shall
transfer all records and documents relating to the Minneapolis Employees
Retirement Fund and its benefit plan to the executive director of the Public
Employees Retirement Association. To the
extent possible, original copies of all records and documents must be
transferred.
Subd. 5. Transfer
of title to assets. On June
30, 2010, legal title to the assets of the Minneapolis Employees Retirement
Fund transfers to the State Board of Investment and the assets must be invested
under section 11A.14, as assets of the MERF division of the Public Employees
Retirement Association. The MERF
division is the successor in interest to all claims that the former Minneapolis
Employees Retirement Fund may have or may assert against any person and is the
successor in interest to all claims which could have been asserted against the
former Minneapolis Employees Retirement Fund, but the MERF division is not
liable for any claim against the former Minneapolis Employees Retirement Fund,
its former governing board, or its former administrative staff acting in a
fiduciary capacity under chapter 356A or under common law, which is founded
upon a claim of breach of fiduciary duty, but where the act or acts
constituting the claimed breach were not undertaken in good faith, the Public
Employees Retirement Association may assert any applicable defense to any claim
in any judicial or administrative proceeding that the former Minneapolis Employees
Retirement Fund, its former board, or its former administrative staff would
otherwise have been entitled to assert, and the Public Employees Retirement
Association may assert any applicable defense that it has in its capacity as a
statewide agency.
Subd. 6. Benefits. (a) The annuities and benefits of, or
attributable to, retired, disabled, deferred, or inactive Minneapolis Employees
Retirement Fund members with that status as of June 30, 2010, with the exception
of post-December 31, 2010, postretirement adjustments, which are governed by
paragraph (b), as calculated under Minnesota Statutes 2008, sections 422A.11;
422A.12; 422A.13; 422A.14; 422A.15; 422A.151; 422A.155; 422A.156; 422A.16;
422A.17; 422A.18; 422A.19; 422A.20; and 422A.23, continue in force after the
administrative consolidation under this article.
(b) After
December 31, 2010, annuities and benefits from the MERF division are eligible
for annual automatic postretirement adjustments solely under section 356.415.
Subd. 7. MERF
division account contributions. (a)
After June 30, 2010, the member and employer contributions to the MERF division
account are governed by this subdivision.
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(b) An active member covered
by the MERF division must make an employee contribution of 9.75 percent of the
total salary of the member as defined in section 353.01, subdivision 10. The employee contribution must be made by
payroll deduction by the member's employing unit under section 353.27,
subdivision 4, and is subject to the provisions of section 353.27, subdivisions
7, 7a, 7b, 12, 12a, and 12b.
(c) The employer regular
contribution to the MERF division account with respect to an active MERF
division member is 9.75 percent of the total salary of the member as defined in
section 353.01, subdivision 10.
(d) The employer additional
contribution to the MERF division account with respect to an active member of
the MERF division is 2.68 percent of the total salary of the member as defined
in section 353.01, subdivision 10, plus the employing unit's share of
$3,900,000 that the employing unit paid or is payable to the former Minneapolis
Employees Retirement Fund under Minnesota Statutes 2008, section 422A.101,
subdivision 1a, 2, or 2a, during calendar year 2009, as was certified by the
former executive director of the former Minneapolis Employees Retirement Fund.
(e) Annually after June 30,
2012, the employer supplemental contribution to the MERF division account by
the city of Minneapolis, Special School District No. 1, Minneapolis, a
Minneapolis-owned public utility, improvement, or municipal activity, Hennepin
county, the Metropolitan Council, the Metropolitan Airports Commission, and the
Minnesota State Colleges and Universities system is the larger of the
following:
(1) the amount by which the
total actuarial required contribution determined under section 356.215 by the
approved actuary retained by the Public Employees Retirement Association in the
most recent actuarial valuation of the MERF division and based on a June 30,
2031, amortization date, after subtracting the contributions under paragraphs
(b), (c), and (d), exceeds $24,000,000; or
(2) the amount of
$27,000,000, but the total supplemental contribution amount plus the
contributions under paragraphs (c) and (d) may not exceed $34,000,000. Each employing unit's share of the total
employer supplemental contribution amount is equal to the applicable portion
specified in paragraph (g). The initial
total actuarial required contribution after June 30, 2012, must be calculated
using the mortality assumption change recommended on September 30, 2009, for
the Minneapolis Employees Retirement Fund by the approved consulting actuary
retained by the Minneapolis Employees Retirement Fund board.
(f) Notwithstanding any
provision of paragraph (c), (d), or (e) to the contrary, as of August 1
annually, if the amount of the retirement annuities and benefits paid from the
MERF division account during the preceding fiscal year, multiplied by the
factor of 1.035, exceeds the market value of the assets of the MERF division
account on the preceding June 30, plus state aid of $9,000,000 or $24,000,000,
whichever applies, plus the amounts payable under paragraphs (b), (c), (d), and
(e) during the preceding fiscal year, multiplied by the factor of 1.035, the
balance calculated is a special additional employer contribution. The special additional employer contribution
under this paragraph is payable in addition to any employer contribution
required under paragraphs (c), (d), and (e), and is payable on or before the
following June 30. The special
additional employer contribution under this paragraph must be allocated between
the city of Minneapolis, Special School District No. 1, Minneapolis, any
Minneapolis-owned public utility, improvement, or municipal activity, the
Minnesota State Colleges and Universities system, Hennepin County, the
Metropolitan Council, and the Metropolitan Airports Commission in proportion to
their share of the actuarial accrued liability of the former Minneapolis
Employees Retirement Fund as of July 1, 2009, as calculated by the approved
actuary retained under section 356.214 as part of the actuarial valuation
prepared as of July 1, 2009, under section 356.215 and the Standards for
Actuarial Work adopted by the Legislative Commission on Pensions and
Retirement.
(g) The employer supplemental
contribution under paragraph (e) or the special additional employer
contribution under paragraph (f) must be allocated between the city of
Minneapolis, Special School District No. 1, Minneapolis, any
Minneapolis-owned public utility, improvement, or municipal activity, the
Minnesota State Colleges and
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Universities system,
Hennepin County, the Metropolitan Council, and the Metropolitan Airports
Commission in proportion to their share of the actuarial accrued liability of
the former Minneapolis Employees Retirement Fund as of July 1, 2009, as
calculated by the approved actuary retained under section 356.214 as part of
the actuarial valuation prepared as of July 1, 2009, under section 356.215 and
the Standards for Actuarial Work adopted by the Legislative Commission on
Pensions and Retirement.
(h) The
employer contributions under paragraphs (c), (d), and (e) must be paid as
provided in section 353.28.
(i)
Contributions under this subdivision are subject to the provisions of section
353.27, subdivisions 4, 7, 7a, 7b, 11, 12, 12a, 12b, 13, and 14.
Subd. 7a. Minneapolis
Municipal Retirement Association dues.
If authorized by an annuitant or retirement benefit recipient in
writing on a form prescribed by the executive director of the Public Employees
Retirement Association, the executive director shall deduct the dues for the
Minneapolis Municipal Retirement Association from the person's annuity or
retirement benefit. This dues deduction
authority expires upon the eventual full consolidation of the MERF account
under subdivision 8.
Subd. 8. Eventual
full consolidation. (a) Once
the fiscal year end market value of assets of the MERF division account equals
or exceeds 80 percent of the actuarial accrued liability of the MERF division
as calculated by the approved actuary retained by the Public Employees
Retirement Association under section 356.215 and the Standards for Actuarial
Work adopted by the Legislative Commission on Pensions and Retirement, the MERF
division must be merged with the general employees retirement plan of the
Public Employees Retirement Association and the MERF division account ceases as
a separate account within the general employees retirement fund of the Public
Employees Retirement Association.
(b) If the
market value of the MERF division account is less than 100 percent of the
actuarial accrued liability of the MERF division under paragraph (a), the total
employer contribution of employing units referenced in subdivision 7, paragraph
(e), for the period after the full consolidation and June 30, 2031, to amortize
on a level annual dollar payment the remaining unfunded actuarial accrued
liability of the former MERF division account on the full consolidation date by
June 30, 2031, shall be calculated by the consulting actuary retained under
section 356.214 using the applicable postretirement interest rate actuarial
assumption for the general employees retirement plan under section
356.215. The actuarial accrued liability
of the MERF division must be calculated using the healthy retired life
mortality assumption applicable to the general employees retirement plan.
(c) The
merger shall occur as of the first day of the first month after the date on
which the triggering actuarial valuation report is filed with the executive
director of the Legislative Commission on Pensions and Retirement.
(d) The
executive director of the Public Employees Retirement Association shall prepare
proposed legislation fully implementing the merger and updating the applicable
provisions of chapters 353 and 356 and transmit the proposed legislation to the
executive director of the Legislative Commission on Pensions and Retirement by
the following February 15.
Subd. 9. Merger
of former MERF membership groups into PERA-general. If provided for in an agreement
between the board of trustees of the Public Employees Retirement Association
and the governing board of an employing unit formerly with retirement coverage
provided for its employees by the former Minneapolis Employees Retirement Fund,
an employing unit may transfer sufficient assets to the general employees
retirement fund to cover the anticipated actuarial accrued liability for its
current or former employees that is in excess of MERF division account assets
attributable to those employees, have those employees be considered full
members of the general employees retirement plan, and be relieved of any further
contribution obligation to the general employees retirement plan for those
employees under this section. Any
agreement under this subdivision and any actuarial valuation report related to
a merger under this subdivision must be submitted to the executive director of
the Legislative Commission on Pensions and Retirement for comment prior to the
final execution.
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Top of Page 12118
Sec. 18. Minnesota Statutes 2008, section 353.64,
subdivision 7, is amended to read:
Subd. 7. Pension
coverage for certain public safety employees of the Metropolitan
Airports Commission. Any person
first employed as either a full-time firefighter or a full-time police officer
by the Metropolitan Airports Commission after June 30, 1978, who is not eligible
for coverage under the agreement signed between the state and the secretary of
the federal Department of Health and Human Services making the provisions of
the federal Old Age, Survivors, and Disability Insurance Act applicable to
municipal employees because that position is excluded from application pursuant
to under Title 42, United States Code, Sections 418 (d) (5) (A) and
418 (d) (8) (D) and section 355.07, shall not be a member of the Minneapolis
Employees Retirement Fund but shall be is a member of the public
employees police and fire fund and shall be is deemed to be a
firefighter or a police officer within the meaning of this section. The Metropolitan Airports Commission shall
make the employer contribution required pursuant to under section
353.65, subdivision 3, with respect to each of its firefighters or police
officers covered by the public employees police and fire fund and shall meet
the employers recording and reporting requirements set forth in section 353.65,
subdivision 4.
Sec. 19. Minnesota Statutes 2008, section 356.215,
subdivision 8, is amended to read:
Subd. 8. Interest
and salary assumptions. (a) The
actuarial valuation must use the applicable following preretirement interest
assumption and the applicable following postretirement interest assumption:
preretirement postretirement
interest rate interest
rate
plan assumption assumption
general state employees retirement plan 8.5% 6.0%
correctional state employees retirement plan 8.5 6.0
State Patrol retirement plan 8.5 6.0
legislators retirement plan 8.5 6.0
elective state officers retirement plan 8.5 6.0
judges retirement plan 8.5 6.0
general public employees retirement plan 8.5 6.0
public employees police and fire retirement plan 8.5 6.0
local government correctional service retirement plan 8.5 6.0
teachers retirement plan 8.5 6.0
Minneapolis employees retirement plan 6.0 5.0
Duluth teachers retirement plan 8.5 8.5
St. Paul teachers retirement plan 8.5 8.5
Minneapolis Police Relief Association 6.0 6.0
Fairmont Police Relief Association 5.0 5.0
Minneapolis Fire Department Relief Association 6.0 6.0
Virginia Fire Department Relief Association 5.0 5.0
Bloomington Fire Department Relief Association 6.0 6.0
local monthly benefit volunteer firefighters relief
associations 5.0 5.0
(b) Before July 1, 2010, the actuarial valuation must
use the applicable following single rate future salary increase assumption, the
applicable following modified single rate future salary increase assumption, or
the applicable following graded rate future salary increase assumption:
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(1) single rate future
salary increase assumption
future
salary
plan increase
assumption
legislators retirement plan 5.0%
judges retirement plan 4.0
Minneapolis Police Relief
Association 4.0
Fairmont Police Relief
Association 3.5
Minneapolis Fire Department
Relief Association 4.0
Virginia Fire Department
Relief Association 3.5
Bloomington Fire Department
Relief Association 4.0
(2) modified single rate
future salary increase assumption
future
salary
plan increase
assumption
Minneapolis employees
retirement plan the
prior calendar year amount increased
first
by 1.0198 percent to prior fiscal year
date
and then increased by 4.0 percent
annually
for each future year
(3) (2) select and
ultimate future salary increase assumption or graded rate future salary
increase assumption
future
salary
plan increase
assumption
general state employees
retirement plan select
calculation and assumption A
correctional state employees
retirement plan assumption
H
State Patrol retirement plan assumption
G
general public employees
retirement plan select
calculation and assumption B
public employees police and
fire fund retirement plan assumption
C
local government
correctional service retirement plan assumption
G
teachers retirement plan assumption
D
Duluth teachers retirement
plan assumption
E
St. Paul teachers
retirement plan assumption
F
The
select calculation is: during the
designated select period, a designated percentage rate is multiplied by the
result of the designated integer minus T, where T is the number of completed
years of service, and is added to the applicable future salary increase
assumption. The designated select period
is five years and the designated integer is five for the general state
employees retirement plan and the general public employees retirement plan. The designated select period is ten years and
the designated integer is ten for all other retirement plans covered by this
clause. The designated percentage rate
is: (1) 0.2 percent for the correctional
state employees retirement plan, the State Patrol retirement plan, the public
employees police and fire plan, and the local government correctional service
plan; (2) 0.6 percent for the
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general
state employees retirement plan and the general public employees retirement
plan; and (3) 0.3 percent for the teachers retirement plan, the Duluth Teachers
Retirement Fund Association, and the St. Paul Teachers Retirement Fund
Association. The select calculation for
the Duluth Teachers Retirement Fund Association is 8.00 percent per year for
service years one through seven, 7.25 percent per year for service years seven
and eight, and 6.50 percent per year for service years eight and nine.
The ultimate future salary
increase assumption is:
age A B C D E F G H
16 5.95% 5.95% 11.00% 7.70% 8.00% 6.90% 7.7500% 7.2500%
17 5.90 5.90 11.00 7.65 8.00 6.90 7.7500 7.2500
18 5.85 5.85 11.00 7.60 8.00 6.90 7.7500 7.2500
19 5.80 5.80 11.00 7.55 8.00 6.90 7.7500 7.2500
20 5.75 5.40 11.00 5.50 6.90 6.90 7.7500 7.2500
21 5.75 5.40 11.00 5.50 6.90 6.90 7.1454 6.6454
22 5.75 5.40 10.50 5.50 6.90 6.90 7.0725 6.5725
23 5.75 5.40 10.00 5.50 6.85 6.85 7.0544 6.5544
24 5.75 5.40 9.50 5.50 6.80 6.80 7.0363 6.5363
25 5.75 5.40 9.00 5.50 6.75 6.75 7.0000 6.5000
26 5.75 5.36 8.70 5.50 6.70 6.70 7.0000 6.5000
27 5.75 5.32 8.40 5.50 6.65 6.65 7.0000 6.5000
28 5.75 5.28 8.10 5.50 6.60 6.60 7.0000 6.5000
29 5.75 5.24 7.80 5.50 6.55 6.55 7.0000 6.5000
30 5.75 5.20 7.50 5.50 6.50 6.50 7.0000 6.5000
31 5.75 5.16 7.30 5.50 6.45 6.45 7.0000 6.5000
32 5.75 5.12 7.10 5.50 6.40 6.40 7.0000 6.5000
33 5.75 5.08 6.90 5.50 6.35 6.35 7.0000 6.5000
34 5.75 5.04 6.70 5.50 6.30 6.30 7.0000 6.5000
35 5.75 5.00 6.50 5.50 6.25 6.25 7.0000 6.5000
36 5.75 4.96 6.30 5.50 6.20 6.20 6.9019 6.4019
37 5.75 4.92 6.10 5.50 6.15 6.15 6.8074 6.3074
38 5.75 4.88 5.90 5.40 6.10 6.10 6.7125 6.2125
39 5.75 4.84 5.70 5.30 6.05 6.05 6.6054 6.1054
40 5.75 4.80 5.50 5.20 6.00 6.00 6.5000 6.0000
41 5.75 4.76 5.40 5.10 5.90 5.95 6.3540 5.8540
42 5.75 4.72 5.30 5.00 5.80 5.90 6.2087 5.7087
43 5.65 4.68 5.20 4.90 5.70 5.85 6.0622 5.5622
44 5.55 4.64 5.10 4.80 5.60 5.80 5.9048 5.4078
45 5.45 4.60 5.00 4.70 5.50 5.75 5.7500 5.2500
46 5.35 4.56 4.95 4.60 5.40 5.70 5.6940 5.1940
47 5.25 4.52 4.90 4.50 5.30 5.65 5.6375 5.1375
48 5.15 4.48 4.85 4.50 5.20 5.60 5.5822 5.0822
49 5.05 4.44 4.80 4.50 5.10 5.55 5.5404 5.0404
50 4.95 4.40 4.75 4.50 5.00 5.50 5.5000 5.0000
51 4.85 4.36 4.75 4.50 4.90 5.45 5.4384 4.9384
52 4.75 4.32 4.75 4.50 4.80 5.40 5.3776 4.8776
53 4.65 4.28 4.75 4.50 4.70 5.35 5.3167 4.8167
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54 4.55 4.24 4.75 4.50 4.60 5.30 5.2826 4.7826
55 4.45 4.20 4.75 4.50 4.50 5.25 5.2500 4.7500
56 4.35 4.16 4.75 4.50 4.40 5.20 5.2500 4.7500
57 4.25 4.12 4.75 4.50 4.30 5.15 5.2500 4.7500
58 4.25 4.08 4.75 4.60 4.20 5.10 5.2500 4.7500
59 4.25 4.04 4.75 4.70 4.10 5.05 5.2500 4.7500
60 4.25 4.00 4.75 4.80 4.00 5.00 5.2500 4.7500
61 4.25 4.00 4.75 4.90 3.90 5.00 5.2500 4.7500
62 4.25 4.00 4.75 5.00 3.80 5.00 5.2500 4.7500
63 4.25 4.00 4.75 5.10 3.70 5.00 5.2500 4.7500
64 4.25 4.00 4.75 5.20 3.60 5.00 5.2500 4.7500
65 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
66 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
67 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
68 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
69 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
70 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
71 4.25 4.00 5.20
(c) Before July
2, 2010, the actuarial valuation must use the applicable following payroll
growth assumption for calculating the amortization requirement for the unfunded
actuarial accrued liability where the amortization retirement is calculated as
a level percentage of an increasing payroll:
plan payroll
growth assumption
general state employees retirement plan 4.50%
correctional state employees retirement plan 4.50
State Patrol retirement plan 4.50
legislators retirement plan 4.50
judges retirement plan 4.00
general public employees retirement plan 4.50
public employees police and fire retirement plan 4.50
local government correctional service retirement plan 4.50
teachers retirement plan 4.50
Duluth teachers retirement plan 4.50
St. Paul teachers retirement plan 5.00
(d) After July 1, 2010, the assumptions set forth in
paragraphs (b) and (c) continue to apply, unless a different salary assumption
or a different payroll increase assumption:
(1) has been proposed by the governing board of the
applicable retirement plan;
(2) is accompanied by the concurring recommendation of
the actuary retained under section 356.214, subdivision 1, if applicable, or by
the approved actuary preparing the most recent actuarial valuation report if
section 356.214 does not apply; and
(3) has been approved or deemed approved under
subdivision 18.
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Sec. 20.
Minnesota Statutes 2009 Supplement, section 356.215, subdivision 11, is
amended to read:
Subd. 11. Amortization contributions. (a) In addition to the exhibit indicating
the level normal cost, the actuarial valuation of the retirement plan must
contain an exhibit for financial reporting purposes indicating the additional
annual contribution sufficient to amortize the unfunded actuarial accrued
liability and must contain an exhibit for contribution determination purposes
indicating the additional contribution sufficient to amortize the unfunded
actuarial accrued liability. For the
retirement plans listed in subdivision 8, paragraph (c), but excluding the
MERF division of the Public Employees Retirement Association, the
additional contribution must be calculated on a level percentage of covered
payroll basis by the established date for full funding in effect when the
valuation is prepared, assuming annual payroll growth at the applicable
percentage rate set forth in subdivision 8, paragraph (c). For all other retirement plans and for the
MERF division of the Public Employees Retirement Association, the
additional annual contribution must be calculated on a level annual dollar
amount basis.
(b) For any retirement plan other than the
Minneapolis Employees Retirement Fund, the general employees a retirement
plan of the Public Employees Retirement Association, and the St. Paul
Teachers Retirement Fund Association governed by paragraph (d), (e),
(f), (g), (h), (i), or (j), if there has not been a change in the actuarial
assumptions used for calculating the actuarial accrued liability of the fund, a
change in the benefit plan governing annuities and benefits payable from the
fund, a change in the actuarial cost method used in calculating the actuarial
accrued liability of all or a portion of the fund, or a combination of the
three, which change or changes by itself or by themselves without inclusion of
any other items of increase or decrease produce a net increase in the unfunded
actuarial accrued liability of the fund, the established date for full funding
is the first actuarial valuation date occurring after June 1, 2020.
(c) For any retirement plan other than the Minneapolis
Employees Retirement Fund and the general employees retirement plan of the Public
Employees Retirement Association, if there has been a change in any or all of
the actuarial assumptions used for calculating the actuarial accrued liability
of the fund, a change in the benefit plan governing annuities and benefits
payable from the fund, a change in the actuarial cost method used in
calculating the actuarial accrued liability of all or a portion of the fund, or
a combination of the three, and the change or changes, by itself or by
themselves and without inclusion of any other items of increase or decrease,
produce a net increase in the unfunded actuarial accrued liability in the fund,
the established date for full funding must be determined using the following
procedure:
(i) the unfunded actuarial accrued liability of the
fund must be determined in accordance with the plan provisions governing
annuities and retirement benefits and the actuarial assumptions in effect
before an applicable change;
(ii) the level annual dollar contribution or level
percentage, whichever is applicable, needed to amortize the unfunded actuarial
accrued liability amount determined under item (i) by the established date for
full funding in effect before the change must be calculated using the interest
assumption specified in subdivision 8 in effect before the change;
(iii) the unfunded actuarial accrued liability of the
fund must be determined in accordance with any new plan provisions governing
annuities and benefits payable from the fund and any new actuarial assumptions
and the remaining plan provisions governing annuities and benefits payable from
the fund and actuarial assumptions in effect before the change;
(iv) the level annual dollar contribution or level
percentage, whichever is applicable, needed to amortize the difference between
the unfunded actuarial accrued liability amount calculated under item (i) and
the unfunded actuarial accrued liability amount calculated under item (iii)
over a period of 30 years from the end of the plan year in which the applicable
change is effective must be calculated using the applicable interest assumption
specified in subdivision 8 in effect after any applicable change;
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(v) the level annual dollar
or level percentage amortization contribution under item (iv) must be added to
the level annual dollar amortization contribution or level percentage
calculated under item (ii);
(vi) the period in which the
unfunded actuarial accrued liability amount determined in item (iii) is
amortized by the total level annual dollar or level percentage amortization
contribution computed under item (v) must be calculated using the interest
assumption specified in subdivision 8 in effect after any applicable change,
rounded to the nearest integral number of years, but not to exceed 30 years
from the end of the plan year in which the determination of the established
date for full funding using the procedure set forth in this clause is made and
not to be less than the period of years beginning in the plan year in which the
determination of the established date for full funding using the procedure set
forth in this clause is made and ending by the date for full funding in effect
before the change; and
(vii) the period determined
under item (vi) must be added to the date as of which the actuarial valuation
was prepared and the date obtained is the new established date for full
funding.
(d) For the Minneapolis
Employees Retirement Fund MERF division of the Public Employees
Retirement Association, the established date for full funding is June 30, 2020
2031.
(e) For the general
employees retirement plan of the Public Employees Retirement Association, the
established date for full funding is June 30, 2031.
(f) For the Teachers
Retirement Association, the established date for full funding is June 30, 2037.
(g) For the correctional
state employees retirement plan of the Minnesota State Retirement System, the
established date for full funding is June 30, 2038.
(h) For the judges
retirement plan, the established date for full funding is June 30, 2038.
(i) For the public employees
police and fire retirement plan, the established date for full funding is
June 30, 2038.
(j) For the St. Paul
Teachers Retirement Fund Association, the established date for full funding is
June 30 of the 25th year from the valuation date. In addition to other requirements of this
chapter, the annual actuarial valuation shall must contain an
exhibit indicating the funded ratio and the deficiency or sufficiency in annual
contributions when comparing liabilities to the market value of the assets of
the fund as of the close of the most recent fiscal year.
(k) For the retirement plans
for which the annual actuarial valuation indicates an excess of valuation
assets over the actuarial accrued liability, the valuation assets in excess of
the actuarial accrued liability must be recognized as a reduction in the
current contribution requirements by an amount equal to the amortization of the
excess expressed as a level percentage of pay over a 30-year period beginning
anew with each annual actuarial valuation of the plan.
Sec. 21. Minnesota Statutes 2008, section 422A.101,
subdivision 3, is amended to read:
Subd. 3. State
contributions. (a) Subject to the
limitation set forth in paragraph (c), the state shall pay to the MERF
division account of the Public Employees Retirement Association with respect to
the former Minneapolis Employees Retirement Fund annually an amount equal
to the amount calculated under paragraph (b).
(b) The payment amount is an
amount equal to the financial requirements of the Minneapolis Employees
Retirement Fund MERF division of the Public Employees Retirement
Association reported in the actuarial valuation of the fund general
employees retirement plan of the Public Employees Retirement Association prepared
by the actuary retained under section 356.214 consistent with section 356.215
for the most recent year but based on a target
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date for full amortization
of the unfunded actuarial accrued liabilities by June 30, 2020 2031,
less the amount of employee contributions required under section 422A.10
353.50, subdivision 7, paragraph (b), and the amount of employer
contributions required under subdivisions 1a, 2, and 2a section
353.50, subdivision 7, paragraphs (c) and (d). Payments shall must be made
September 15 annually.
(c) The annual state contribution under this
subdivision may not exceed $9,000,000, plus the cost of the annual supplemental
benefit determined under Minnesota Statutes 2008, section 356.43,
through June 30, 2012, and may not exceed $9,000,000, plus the cost of the
annual supplemental benefit determined under Minnesota Statutes 2008, section
356.43, plus $15,000,000 annually after June 30, 2012, and until June 30, 2031.
(d) Annually and after June 30, 2012, if the amount
determined under paragraph (b) exceeds $9,000,000 the applicable
maximum amount specified in paragraph (c), the excess must be allocated to
and paid to the fund by the employers identified in Minnesota Statutes 2008,
section 422A.101, subdivisions 1a and, 2, and 2a other
than units of metropolitan government.
Each employer's share of the excess is proportionate to the employer's
share of the fund's unfunded actuarial accrued liability as disclosed in the
annual actuarial valuation prepared by the actuary retained under section
356.214 compared to the total unfunded actuarial accrued liability as of
July 1, 2009, attributed to all employers identified in Minnesota
Statutes 2008, section 422A.101, subdivisions 1a and 2, other than units of
metropolitan government. Payments must
be made in equal installments as set forth in paragraph (b).
(e) State contributions under this section end on
September 15, 2031, or on September 1 following the first date on which the
current assets of the MERF division of the Public Employees Retirement
Association equal or exceed the actuarial accrued liability of the MERF
division of the Public Employees Retirement Association, whichever occurs
earlier.
Sec. 22.
Minnesota Statutes 2008, section 422A.26, is amended to read:
422A.26
COVERAGE BY THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.
Notwithstanding section 422A.09, or any other
law to the contrary, any person whose employment by, or assumption of a
position as an appointed or elected officer of, the city of Minneapolis, any of
the boards, departments, or commissions operated as a department of the city of
Minneapolis or independently if financed in whole or in part by funds of the
city of Minneapolis, the Metropolitan Airports Commission, the former Minneapolis
Employees Retirement Fund, or Special School District Number 1 if the person is
not a member of the Minneapolis Teachers Retirement Fund
Association by virtue of that employment or position, initially commences on or
after July 1, 1979 shall be is a member of the general
employees retirement plan of the Public Employees Retirement Association
unless excluded from membership pursuant to under section 353.01,
subdivision 2b. In no event shall
there be any new members of the contributing class of the Minneapolis employees
fund on or after July 1, 1979.
Sec. 23. JULY 1, 2010, MERF DIVISION ACTUARIAL
VALUATION ASSUMPTIONS.
The approved actuary retained by the Minneapolis
Employees Retirement Fund shall compare the actuarial assumptions to be used
for the July 1, 2010, actuarial valuation of the general employees retirement
plan of the Public Employees Retirement Association with the actuarial
assumptions used to prepare the July 1, 2009, actuarial valuation of the
Minneapolis Employees Retirement Fund and, on or before July 1, 2010, shall
recommend to the approved actuary retained by the Public Employees Retirement
Association and to the Legislative Commission on Pensions and Retirement the
actuarial assumptions that the actuary believes would be appropriate for the
MERF division portion of the actuarial valuation of the general employees
retirement plan of the Public Employees Retirement Association. Any actuarial assumption changes related to
the MERF division must be approved under Minnesota Statutes, section 356.215,
subdivision 18.
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of Page 12125
Sec. 24. MINNEAPOLIS MUNICIPAL RETIREMENT
ASSOCIATION.
(a) The administrative consolidation of the former
Minneapolis Employees Retirement Fund into the general employees retirement
plan of the Public Employees Retirement Association and the merger of the MERF
division of the Public Employees Retirement Association into the general
employees retirement plan of the Public Employees Retirement Association does
not affect the function of the Minneapolis Municipal Retirement Association, a
nonprofit corporation, to monitor the administration of the retirement coverage
for former members of the former Minneapolis Employees Retirement Fund.
(b) Nothing in this article entitles the Minneapolis
Municipal Retirement Association to receive any revenue derived from taxes or
obligates the Public Employees Retirement Association to undertake any special
duties with respect to the corporation.
Sec. 25. TRANSFER OF MERF EMPLOYEES.
(a) Unless the employee elects the severance pay option
under paragraph (c), full-time employees of the Minneapolis Employees Retirement
Fund first employed before June 30, 2008, and employed full time by the
Minneapolis Employees Retirement Fund on June 29, 2010, with the employment
title of benefits coordinator, are transferred to employment by the city of
Minneapolis on July 1, 2010. The chief
human relations official of the city of Minneapolis shall place the transferred
employee in an appropriate employment position based on the employee's
education and employment experience.
Transferred employees must have their accumulated, but unused, vacation
and sick leave balances as of June 30, 2010, posted to the individual accounts
with the new employer. The transferred
employees must receive length of service credit for time served with the Minneapolis
Employees Retirement Fund. The
transferred employee must be given the opportunity as of the date of transfer
to be covered for all health and other insurance benefits offered by the new
employer. Upon the transfer of the
employee, the Minneapolis Employees Retirement Fund shall transfer assets to
the city of Minneapolis equal to the present value of any accumulated unused
vacation or sick leave balances as of the date of transfer.
(b) Unless the employee elects the severance pay option
under paragraph (c), full-time employees of the Minneapolis Employees
Retirement Fund first employed before June 30, 2008, and employed full time by
the Minneapolis Employees Retirement Fund on June 29, 2010, with the employment
title of accounting manager or accountant II are transferred to employment by
the Public Employees Retirement Association on July 1, 2010. The chief human relations official of the
Public Employees Retirement Association shall place the transferred employee in
an appropriate employment position based on the employee's education and
employment experience. Transferred
employees must have their accumulated, but unused, vacation and sick leave
balances as of June 30, 2010, posted to the individual accounts with the new
employer. The transferred employees must
receive length of service credit for time served with the Minneapolis Employees
Retirement Fund. The transferred
employee must be given the opportunity as of the date of transfer to be covered
for all health and other insurance benefits offered by the new employer. Upon the transfer of the employee, the
executive director of the Public Employees Retirement Association shall deduct
from any assets transferred under section 353.50 an amount equal to the present
value of any accumulated unused vacation or sick leave balances as of the date
of transfer.
(c) An employee covered by paragraph (a) or (b) who
elects not to transfer to the new employer unit is granted severance pay in an
amount equivalent to one year of salary based on the last annual salary rate
received by the employee. The election
must be made prior to June 30, 2010, and is irrevocable. The severance pay is payable from the
Minneapolis Employees Retirement Fund on June 30, 2010.
Sec. 26. MINNEAPOLIS EMPLOYEES RETIREMENT FUND.
$10,000,000 in fiscal year 2010 is appropriated to the
Minneapolis employees retirement fund, and is payable to the Minneapolis
employees retirement fund on or before June 29, 2010. This is a onetime appropriation, and is in
addition to the amounts paid by the state in fiscal year 2010 under Minnesota
Statutes, section 422A.101, subdivision 2.
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Sec. 27. REVISOR'S INSTRUCTION.
In the next and future editions of Minnesota Statutes,
the revisor of statutes shall renumber Minnesota Statutes, section 422A.101,
subdivision 3, as Minnesota Statutes, section 353.505, and shall renumber
Minnesota Statutes, section 422A.26, as Minnesota Statutes, section
353.855. The revisor of statutes shall
make conforming changes in Minnesota Statutes and Minnesota Rules consistent
with the renumbering.
Sec. 28. REPEALER.
Minnesota Statutes 2008, sections 13.63, subdivision
1; 69.011, subdivision 2a; 356.43; 422A.01, subdivisions 1, 2, 3, 4, 4a, 5, 6,
7, 8, 9, 10, 11, 12, 13a, 17, and 18; 422A.02; 422A.03; 422A.04; 422A.05,
subdivisions 1, 2a, 2b, 2c, 2d, 2e, 2f, 5, 6, and 8; 422A.06, subdivisions 1,
2, 3, 5, 6, and 7; 422A.08, subdivision 1; 422A.09; 422A.10; 422A.101,
subdivisions 1, 1a, 2, and 2a; 422A.11; 422A.12; 422A.13; 422A.14, subdivision
1; 422A.15; 422A.151; 422A.155; 422A.156; 422A.16, subdivisions 1, 2, 3, 4, 5,
6, 7, 8, 9, and 10; 422A.17; 422A.18, subdivisions 1, 2, 3, 4, 5, and 7;
422A.19; 422A.20; 422A.21; 422A.22, subdivisions 1, 3, 4, and 6; 422A.23,
subdivisions 1, 2, 5, 6, 7, 8, 9, 10, 11, and 12; 422A.231; 422A.24; and
422A.25, are repealed.
Minnesota Statutes 2009 Supplement, sections 422A.06, subdivision
8; and 422A.08, subdivision 5, are repealed.
Sec. 29. EFFECTIVE DATE.
(a) Sections 1 to 25, 27, and 28 are effective June
30, 2010.
(b) Section 26 is effective the day following final
enactment.
ARTICLE 2
CONFORMING CHANGES RELATED TO THE MERF ADMINISTRATIVE
CONSOLIDATION
Section 1.
Minnesota Statutes 2009 Supplement, section 6.67, is amended to read:
6.67 PUBLIC
ACCOUNTANTS; REPORT OF POSSIBLE MISCONDUCT.
Whenever a public accountant in the course of auditing
the books and affairs of a political subdivision or a local public pension plan
governed by section 69.77, sections 69.771 to 69.775, or chapter 354A, 422A,
423B, 423C, or 424A, discovers evidence pointing to nonfeasance, misfeasance,
or malfeasance, on the part of an officer or employee in the conduct of duties
and affairs, the public accountant shall promptly make a report of such
discovery to the state auditor and the county attorney of the county in which
the governmental unit is situated and the public accountant shall also furnish
a copy of the report of audit upon completion to said officers. The county attorney shall act on such report
in the same manner as required by law for reports made to the county attorney
by the state auditor.
Sec. 2.
Minnesota Statutes 2008, section 11A.23, subdivision 4, is amended to
read:
Subd. 4. Covered retirement funds and plans. The provisions of this section shall
must apply to the following retirement funds and plans:
(1) Board of Trustees of the Minnesota State Colleges
and Universities supplemental retirement plan established under chapter 354C;
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(2) state employees retirement fund established
pursuant to chapter 352;
(3) correctional employees retirement plan established
pursuant to chapter 352;
(4) State Patrol retirement fund established pursuant
to chapter 352B;
(5) unclassified employees retirement plan established
pursuant to chapter 352D;
(6) public general employees retirement
fund established pursuant to chapter 353;
(7) public employees police and fire fund established
pursuant to chapter 353;
(8) teachers' retirement fund established pursuant to
chapter 354;
(9) judges' retirement fund established pursuant to
chapter 490; and
(10) any other funds required by law to be invested by
the board.
Sec. 3.
Minnesota Statutes 2008, section 13D.01, subdivision 1, is amended to
read:
Subdivision 1. In executive branch, local government. All meetings, including executive
sessions, must be open to the public
(a) of a state
(1) agency,
(2) board,
(3) commission, or
(4) department,
when required
or permitted by law to transact public business in a meeting;
(b) of the governing body of a
(1) school district however organized,
(2) unorganized territory,
(3) county,
(4) statutory or home rule charter city,
(5) town, or
(6) other public body;
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(c) of any
(1) committee,
(2) subcommittee,
(3) board,
(4) department, or
(5) commission,
of a public
body; and
(d) of the governing body or a committee of:
(1) a statewide public pension plan defined in section
356A.01, subdivision 24; or
(2) a local public pension plan governed by section
69.77, sections 69.771 to 69.775, or chapter 354A, 422A, or 423B.
Sec. 4.
Minnesota Statutes 2008, section 43A.17, subdivision 9, is amended to
read:
Subd. 9. Political subdivision compensation
limit. (a) The salary and the value
of all other forms of compensation of a person employed by a political subdivision
of this state, excluding a school district, or employed under section
422A.03 may not exceed 110 percent of the salary of the governor as set
under section 15A.082, except as provided in this subdivision. For purposes of this subdivision,
"political subdivision of this state" includes a statutory or home
rule charter city, county, town, metropolitan or regional agency, or other
political subdivision, but does not include a hospital, clinic, or health
maintenance organization owned by such a governmental unit.
(b) Beginning in 2006, the limit in paragraph (a) shall
must be adjusted annually in January.
The limit shall must equal the limit for the prior year
increased by the percentage increase, if any, in the Consumer Price Index for all-urban
consumers from October of the second prior year to October of the immediately
prior year.
(c) Deferred compensation and payroll allocations to
purchase an individual annuity contract for an employee are included in
determining the employee's salary. Other
forms of compensation which shall must be included to determine
an employee's total compensation are all other direct and indirect items of
compensation which are not specifically excluded by this subdivision. Other forms of compensation which shall
must not be included in a determination of an employee's total compensation
for the purposes of this subdivision are:
(1) employee benefits that are also provided for the
majority of all other full-time employees of the political subdivision, vacation
and sick leave allowances, health and dental insurance, disability insurance,
term life insurance, and pension benefits or like benefits the cost of which is
borne by the employee or which is not subject to tax as income under the
Internal Revenue Code of 1986;
(2) dues paid to organizations that are of a civic,
professional, educational, or governmental nature; and
(3) reimbursement for actual expenses incurred by the
employee which the governing body determines to be directly related to the
performance of job responsibilities, including any relocation expenses paid
during the initial year of employment.
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The value of other forms of compensation shall be
is the annual cost to the political subdivision for the provision of the
compensation.
(d) The salary of a medical doctor or doctor of
osteopathy occupying a position that the governing body of the political
subdivision has determined requires an M.D. or D.O. degree is excluded from the
limitation in this subdivision.
(e) The commissioner may increase the limitation in
this subdivision for a position that the commissioner has determined requires special
expertise necessitating a higher salary to attract or retain a qualified
person. The commissioner shall review
each proposed increase giving due consideration to salary rates paid to other
persons with similar responsibilities in the state and nation. The commissioner may not increase the
limitation until the commissioner has presented the proposed increase to the
Legislative Coordinating Commission and received the commission's
recommendation on it. The recommendation
is advisory only. If the commission does
not give its recommendation on a proposed increase within 30 days from its
receipt of the proposal, the commission is deemed to have made no
recommendation. If the commissioner
grants or granted an increase under this paragraph, the new limitation shall
must be adjusted beginning in August 2005 and in each subsequent
calendar year in January by the percentage increase equal to the percentage
increase, if any, in the Consumer Price Index for all-urban consumers from
October of the second prior year to October of the immediately prior year.
Sec. 5.
Minnesota Statutes 2008, section 43A.316, subdivision 8, is amended to
read:
Subd. 8. Continuation of coverage. (a) A former employee of an employer
participating in the program who is receiving a public pension disability
benefit or an annuity or has met the age and service requirements necessary to
receive an annuity under chapter 353, 353C, 354, 354A, 356, 422A, 423,
423A, or 424, or Minnesota Statutes 2008, chapter 422A, and the
former employee's dependents, are eligible to participate in the program. This participation is at the person's expense
unless a collective bargaining agreement or personnel policy provides
otherwise. Premiums for these
participants must be established by the commissioner.
The commissioner may provide policy exclusions for
preexisting conditions only when there is a break in coverage between a
participant's coverage under the employment-based group insurance program and
the participant's coverage under this section. An employer shall notify an employee of the
option to participate under this paragraph no later than the effective date of
retirement. The retired employee or the
employer of a participating group on behalf of a current or retired employee
shall notify the commissioner within 30 days of the effective date of
retirement of intent to participate in the program according to the rules
established by the commissioner.
(b) The spouse of a deceased employee or former
employee may purchase the benefits provided at premiums established by the
commissioner if the spouse was a dependent under the employee's or former
employee's coverage under this section at the time of the death. The spouse remains eligible to participate in
the program as long as the group that included the deceased employee or former
employee participates in the program.
Coverage under this clause must be coordinated with relevant insurance
benefits provided through the federally sponsored Medicare program.
(c) The program benefits must continue in the event of
strike permitted by section 179A.18, if the exclusive representative chooses to
have coverage continue and the employee pays the total monthly premiums when
due.
(d) A participant who discontinues coverage may not
reenroll.
Persons participating under these paragraphs shall
make appropriate premium payments in the time and manner established by the
commissioner.
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Sec. 6.
Minnesota Statutes 2009 Supplement, section 69.011, subdivision 1, is
amended to read:
Subdivision 1. Definitions. Unless the language or context clearly
indicates that a different meaning is intended, the following words and terms,
for the purposes of this chapter and chapters 423, 423A, 424 and 424A, have the
meanings ascribed to them:
(a) "Commissioner" means the commissioner of
revenue.
(b) "Municipality" means:
(1) a home rule charter or statutory city;
(2) an organized town;
(3) a park district subject to chapter 398;
(4) the University of Minnesota;
(5) for purposes of the fire state aid program only,
an American Indian tribal government entity located within a federally
recognized American Indian reservation;
(6) for purposes of the police state aid program only,
an American Indian tribal government with a tribal police department which
exercises state arrest powers under section 626.90, 626.91, 626.92, or 626.93;
(7) for purposes of the police state aid program only,
the Metropolitan Airports Commission with respect to peace officers covered
under chapter 422A; and
(8) for purposes of the police state aid program only,
the Department of Natural Resources and the Department of Public Safety with respect
to peace officers covered under chapter 352B.
(c) "Minnesota Firetown Premium Report"
means a form prescribed by the commissioner containing space for reporting by
insurers of fire, lightning, sprinkler leakage and extended coverage premiums
received upon risks located or to be performed in this state less return
premiums and dividends.
(d) "Firetown" means the area serviced by
any municipality having a qualified fire department or a qualified incorporated
fire department having a subsidiary volunteer firefighters' relief association.
(e) "Market value" means latest available
market value of all property in a taxing jurisdiction, whether the property is
subject to taxation, or exempt from ad valorem taxation obtained from
information which appears on abstracts filed with the commissioner of revenue
or equalized by the State Board of Equalization.
(f) "Minnesota Aid to Police Premium Report"
means a form prescribed by the commissioner for reporting by each fire and
casualty insurer of all premiums received upon direct business received by it
in this state, or by its agents for it, in cash or otherwise, during the
preceding calendar year, with reference to insurance written for insuring
against the perils contained in auto insurance coverages as reported in the
Minnesota business schedule of the annual financial statement which each
insurer is required to file with the commissioner in accordance with the
governing laws or rules less return premiums and dividends.
(g) "Peace officer" means any person:
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(1) whose primary source of
income derived from wages is from direct employment by a municipality or county
as a law enforcement officer on a full-time basis of not less than 30 hours per
week;
(2) who has been employed
for a minimum of six months prior to December 31 preceding the date of the
current year's certification under subdivision 2, clause (b);
(3) who is sworn to enforce
the general criminal laws of the state and local ordinances;
(4) who is licensed by the
Peace Officers Standards and Training Board and is authorized to arrest with a
warrant; and
(5) who is a member of a
local police relief association to which section 69.77 applies the
Minneapolis Police Relief Association, the State Patrol retirement plan, or
the public employees police and fire fund, or the Minneapolis Employees
Retirement Fund.
(h) "Full-time
equivalent number of peace officers providing contract service" means the
integral or fractional number of peace officers which would be necessary to
provide the contract service if all peace officers providing service were
employed on a full-time basis as defined by the employing unit and the
municipality receiving the contract service.
(i) "Retirement
benefits other than a service pension" means any disbursement authorized
under section 424A.05, subdivision 3, clauses (2) and (3).
(j) "Municipal clerk,
municipal clerk-treasurer, or county auditor" means the person who was
elected or appointed to the specified position or, in the absence of the
person, another person who is designated by the applicable governing body. In a park district, the clerk is the
secretary of the board of park district commissioners. In the case of the University of Minnesota,
the clerk is that official designated by the Board of Regents. For the Metropolitan Airports Commission, the
clerk is the person designated by the commission. For the Department of Natural Resources or
the Department of Public Safety, the clerk is the respective commissioner. For a tribal police department which
exercises state arrest powers under section 626.90, 626.91, 626.92, or 626.93,
the clerk is the person designated by the applicable American Indian tribal
government.
(k) "Voluntary
statewide lump-sum volunteer firefighter retirement plan" means the
retirement plan established by chapter 353G.
Sec. 7. Minnesota Statutes 2008, section 69.021,
subdivision 10, is amended to read:
Subd. 10. Reduction
in police state aid apportionment. (a)
The commissioner of revenue shall reduce the apportionment of police state aid
under subdivisions 5, paragraph (b), 6, and 7a, for eligible employer units by
any excess police state aid.
(b) "Excess police
state aid" is:
(1) for counties and for
municipalities in which police retirement coverage is provided wholly by the
public employees police and fire fund and all police officers are members of
the plan governed by sections 353.63 to 353.657, the amount in excess of the
employer's total prior calendar year obligation as defined in paragraph (c), as
certified by the executive director of the Public Employees Retirement
Association;
(2) for municipalities in
which police retirement coverage is provided in part by the public employees
police and fire fund governed by sections 353.63 to 353.657 and in part by a
local police consolidation account governed by chapter 353A, and established
before March 2, 1999, for which the municipality declined merger under section
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353.665, subdivision 1, or
established after March 1, 1999, the amount in excess of the employer's total
prior calendar year obligation as defined in paragraph (c), plus the amount of
the employer's total prior calendar year obligation under section 353A.09,
subdivision 5, paragraphs (a) and (b), as certified by the executive director
of the Public Employees Retirement Association;
(3) for municipalities in
which police retirement coverage is provided by the public employees police and
fire plan governed by sections 353.63 to 353.657, in which police retirement
coverage was provided by a police consolidation account under chapter 353A
before July 1, 1999, and for which the municipality has an additional municipal
contribution under section 353.665, subdivision 8, paragraph (b), the amount in
excess of the employer's total prior calendar year obligation as defined in
paragraph (c), plus the amount of any additional municipal contribution under
section 353.665, subdivision 8, paragraph (b), until the year 2010, as
certified by the executive director of the Public Employees Retirement
Association;
(4) for municipalities in
which police retirement coverage is provided in part by the public employees
police and fire fund governed by sections 353.63 to 353.657 and in part by a
local police relief association governed by sections 69.77 and 423A.01, the
amount in excess of the employer's total prior calendar year obligation as
defined in paragraph (c), as certified by the executive director of the public
employees retirement association, plus the amount of the financial requirements
of the relief association certified to the applicable municipality during the
prior calendar year under section 69.77, subdivisions 4 and 5, reduced by the
amount of member contributions deducted from the covered salary of the relief
association during the prior calendar year under section 69.77, subdivision 3,
as certified by the chief administrative officer of the applicable
municipality;
(5) for the Metropolitan
Airports Commission, if there are police officers hired before July 1, 1978,
with retirement coverage by the Minneapolis Employees Retirement Fund
remaining, the amount in excess of the commission's total prior calendar
year obligation as defined in paragraph (c), as certified by the executive
director of the Public Employees Retirement Association, plus the amount
determined by expressing the commission's total prior calendar year
contribution to the Minneapolis Employees Retirement Fund under section
422A.101, subdivisions 2 and 2a, as a percentage of the commission's total prior
calendar year covered payroll for commission employees covered by the
Minneapolis Employees Retirement Fund and applying that percentage to the
commission's total prior calendar year covered payroll for commission police
officers covered by the Minneapolis Employees Retirement Fund, as certified by
the chief administrative officer of the Metropolitan Airports Commission;
and
(6) for the Department of
Natural Resources and for the Department of Public Safety, the amount in excess
of the employer's total prior calendar year obligation under section 352B.02,
subdivision 1c, for plan members who are peace officers under section 69.011,
subdivision 1, clause (g), as certified by the executive director of the
Minnesota State Retirement System.
(c) The employer's total
prior calendar year obligation with respect to the public employees police and
fire plan is the total prior calendar year obligation under section 353.65,
subdivision 3, for police officers as defined in section 353.64, subdivision 2,
and the actual total prior calendar year obligation under section 353.65,
subdivision 3, for firefighters, as defined in section 353.64, subdivision 3,
but not to exceed for those firefighters the applicable following amounts:
Municipality Maximum
Amount
Albert Lea $54,157.01
Anoka 10,399.31
Apple Valley 5,442.44
Austin 49,864.73
Bemidji 27,671.38
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Brooklyn Center 6,605.92
Brooklyn Park 24,002.26
Burnsville 15,956.00
Cloquet 4,260.49
Coon Rapids 39,920.00
Cottage Grove 8,588.48
Crystal 5,855.00
East Grand Forks 51,009.88
Edina 32,251.00
Elk River 5,216.55
Ely 13,584.16
Eveleth 16,288.27
Fergus Falls 6,742.00
Fridley 33,420.64
Golden Valley 11,744.61
Hastings 16,561.00
Hopkins 4,324.23
International Falls 14,400.69
Lakeville 782.35
Lino Lakes 5,324.00
Little Falls 7,889.41
Maple Grove 6,707.54
Maplewood 8,476.69
Minnetonka 10,403.00
Montevideo 1,307.66
Moorhead 68,069.26
New Hope 6,739.72
North St. Paul 4,241.14
Northfield 770.63
Owatonna 37,292.67
Plymouth 6,754.71
Red Wing 3,504.01
Richfield 53,757.96
Rosemont Rosemount 1,712.55
Roseville 9,854.51
St. Anthony 33,055.00
St. Louis Park 53,643.11
Thief River Falls 28,365.04
Virginia 31,164.46
Waseca 11,135.17
West St. Paul 15,707.20
White Bear Lake 6,521.04
Woodbury 3,613.00
any other municipality 0.00
(d) The total amount of excess
police state aid must be deposited in the excess police state-aid account in the
general fund, administered and distributed as provided in subdivision 11.
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of Page 12134
Sec. 8. Minnesota Statutes 2009 Supplement, section
69.031, subdivision 5, is amended to read:
Subd. 5. Deposit
of state aid. (a) If the
municipality or the independent nonprofit firefighting corporation is covered
by the voluntary statewide lump-sum volunteer firefighter retirement plan under
chapter 353G, the executive director shall credit the fire state aid against
future municipal contribution requirements under section 353G.08 and shall
notify the municipality or independent nonprofit firefighting corporation of
the fire state aid so credited at least annually. If the municipality or the independent
nonprofit firefighting corporation is not covered by the voluntary statewide
lump-sum volunteer firefighter retirement plan, the municipal treasurer shall,
within 30 days after receipt, transmit the fire state aid to the treasurer of
the duly incorporated firefighters' relief association if there is one
organized and the association has filed a financial report with the
municipality. If the relief association
has not filed a financial report with the municipality, the municipal treasurer
shall delay transmission of the fire state aid to the relief association until
the complete financial report is filed.
If the municipality or independent nonprofit firefighting corporation is
not covered by the voluntary statewide lump-sum volunteer firefighter
retirement plan, if there is no relief association organized, or if the
association has dissolved or has been removed as trustees of state aid, then
the treasurer of the municipality shall deposit the money in the municipal
treasury and the money may be disbursed only for the purposes and in the manner
set forth in section 424A.08 or for the payment of the employer contribution
requirement with respect to firefighters covered by the public employees police
and fire retirement plan under section 353.65, subdivision 3.
(b) The municipal treasurer, upon
receipt of the police state aid, shall disburse the police state aid in the
following manner:
(1) For a municipality in which a
local police relief association exists and all peace officers are members of
the association, the total state aid must be transmitted to the treasurer of
the relief association within 30 days of the date of receipt, and the treasurer
of the relief association shall immediately deposit the total state aid in the
special fund of the relief association;
(2) For a municipality in which
police retirement coverage is provided by the public employees police and fire
fund and all peace officers are members of the fund, including municipalities
covered by section 353.665, the total state aid must be applied toward the
municipality's employer contribution to the public employees police and fire
fund under sections 353.65, subdivision 3, and 353.665, subdivision 8,
paragraph (b), if applicable; or
(3) For a municipality other than a
city of the first class with a population of more than 300,000 in which both a
police relief association exists and police retirement coverage is provided in part
by the public employees police and fire fund, the municipality may elect at its
option to transmit the total state aid to the treasurer of the relief
association as provided in clause (1), to use the total state aid to apply
toward the municipality's employer contribution to the public employees police
and fire fund subject to all the provisions set forth in clause (2), or to
allot the total state aid proportionately to be transmitted to the police
relief association as provided in this subdivision and to apply toward the
municipality's employer contribution to the public employees police and fire
fund subject to the provisions of clause (2) on the basis of the respective
number of active full-time peace officers, as defined in section 69.011,
subdivision 1, clause (g).
For a city of the first class with a
population of more than 300,000, in addition, the city may elect to allot the
appropriate portion of the total police state aid to apply toward the employer
contribution of the city to the public employees police and fire fund based on
the covered salary of police officers covered by the fund each payroll period
and to transmit the balance to the police relief association; or
(4) For a municipality in which
police retirement coverage is provided in part by the public employees police
and fire fund and in part by a local police consolidation account governed by
chapter 353A and established before March 2, 1999, for which the municipality
declined merger under section 353.665, subdivision 1, or established after
March 1, 1999, the total police state aid must be applied towards the
municipality's total employer contribution to the public employees police and
fire fund and to the local police consolidation account under sections 353.65,
subdivision 3, and 353A.09, subdivision 5.
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(c) The county treasurer, upon
receipt of the police state aid for the county, shall apply the total state aid
toward the county's employer contribution to the public employees police and
fire fund under section 353.65, subdivision 3.
(d) The designated Metropolitan
Airports Commission official, upon receipt of the police state aid for the
Metropolitan Airports Commission, shall apply the total police state aid first
toward the commission's employer contribution for police officers to the Minneapolis
Employees Retirement Fund under section 422A.101, subdivision 2a, and, if there
is any amount of police state aid remaining, shall apply that remainder toward
the commission's employer contribution for police officers to the public
employees police and fire plan under section 353.65, subdivision 3.
(e) The police state aid apportioned
to the Departments of Public Safety and Natural Resources under section 69.021,
subdivision 7a, is appropriated to the commissioner of management and budget
for transfer to the funds and accounts from which the salaries of peace
officers certified under section 69.011, subdivision 2a 2b, are
paid. The commissioner of revenue shall
certify to the commissioners of public safety, natural resources, and
management and budget the amounts to be transferred from the appropriation for
police state aid. The commissioners of
public safety and natural resources shall certify to the commissioner of
management and budget the amounts to be credited to each of the funds and
accounts from which the peace officers employed by their respective departments
are paid. Each commissioner shall
allocate the police state aid first for employer contributions for employees
funded from the general fund and then for employer contributions for employees
funded from other funds. For peace officers
whose salaries are paid from the general fund, the amounts transferred from the
appropriation for police state aid must be canceled to the general fund.
Sec. 9. Minnesota Statutes 2008, section 126C.41,
subdivision 3, is amended to read:
Subd. 3. Retirement
levies. (a) In 1991 and each year
thereafter, a district to which this subdivision applies may levy an additional
amount required for contributions to the general employees retirement plan
of the Public Employees Retirement Association as the successor of the Minneapolis
Employees Retirement Fund as a result of the maximum dollar amount limitation
on state contributions to the fund that plan imposed under
section 422A.101, subdivision 3. The
additional levy must not exceed the most recent amount certified by the board
of the Minneapolis Employees Retirement Fund executive director of the
Public Employees Retirement Association as the district's share of the
contribution requirement in excess of the maximum state contribution under
section 422A.101, subdivision 3.
(b) For taxes payable in 1994 and
thereafter, Special School District No. 1, Minneapolis, and Independent
School District No. 625, St. Paul, may levy for the increase in the
employer retirement fund contributions, under Laws 1992, chapter 598, article
5, section 1.
(c) If the employer retirement fund
contributions under section 354A.12, subdivision 2a, are increased for fiscal
year 1994 or later fiscal years, Special School District No. 1,
Minneapolis, and Independent School District No. 625, St. Paul, may
levy in payable 1994 or later an amount equal to the amount derived by applying
the net increase in the employer retirement fund contribution rate of the
respective teacher retirement fund association between fiscal year 1993 and the
fiscal year beginning in the year after the levy is certified to the total
covered payroll of the applicable teacher retirement fund association. If an applicable school district levies under
this paragraph, they may not levy under paragraph (b).
(d) In addition to the levy authorized
under paragraph (c), Special School District No. 1, Minneapolis, may also
levy payable in 1997 or later an amount equal to the contributions under
section 423A.02, subdivision 3, and may also levy in payable 1994 or later an
amount equal to the state aid contribution under section 354A.12,
subdivision 3b. Independent School
District No. 625, St. Paul, may levy payable in 1997 or later an
amount equal to the supplemental contributions under section 423A.02,
subdivision 3.
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Sec. 10. Minnesota Statutes 2008, section 256D.21, is
amended to read:
256D.21 CONTINUATION OF BENEFITS; FORMER MINNEAPOLIS EMPLOYEES.
Subdivision 1. Continuation
of benefits. Each employee of the
city of Minneapolis who is transferred to and employed by the county under the
provisions of section 256D.20 and who is a contributing member of a retirement system
organized under the provisions of Minnesota Statutes 2008, chapter 422A,
shall continue to be is a member of that system the
MERF division of the Public Employees Retirement Association and is entitled
to all of the applicable benefits conferred thereby by and
subject to all the restrictions of chapter 422A, unless the member applies
to cancel membership within six months after January 1, 1974 section
353.50.
Subd. 2. City
obligation. The cost to the public
of that portion of the retirement allowances or other benefits accrued while
any such employee was in the service of the city of Minneapolis shall must
remain an obligation of the city and a tax shall must be levied
and collected by it to discharge its obligation as provided by chapter 422A
in section 353.50, subdivision 7.
Subd. 3. County
obligation. The cost to the public
of the retirement allowances or other benefits accruing to employees so
transferred to and employed by the county shall be is the
obligation of and paid by the county at such time as the retirement board
shall fix and determine in accordance with chapter 422A in section
353.50, subdivision 7. The county
shall pay to the municipal general employees retirement fund an
amount certified to the county auditor of the county by the retirement board as
the cost of the retirement allowances and other benefits accruing and owing to
such county employees of the Public Employees Retirement Association
those amounts. The cost to the
public of the retirement allowances as herein provided shall coverage
under this section must be paid from the county revenue fund by the county
auditor upon receipt of certification from the retirement board as herein
provided, and the county board is authorized to levy and collect such taxes
as may be necessary to pay such costs.
Sec. 11. Minnesota Statutes 2009 Supplement, section
352.01, subdivision 2b, is amended to read:
Subd. 2b. Excluded
employees. "State
employee" does not include:
(1) students employed by the
University of Minnesota, or the state colleges and universities, unless
approved for coverage by the Board of Regents of the University of Minnesota or
the Board of Trustees of the Minnesota State Colleges and Universities,
whichever is applicable;
(2) employees who are
eligible for membership in the state Teachers Retirement Association, except
employees of the Department of Education who have chosen or may choose to be
covered by the general state employees retirement plan of the Minnesota State
Retirement System instead of the Teachers Retirement Association;
(3) employees of the
University of Minnesota who are excluded from coverage by action of the Board
of Regents;
(4) officers and enlisted
personnel in the National Guard and the naval militia who are assigned to
permanent peacetime duty and who under federal law are or are required to be
members of a federal retirement system;
(5) election officers;
(6) persons who are engaged
in public work for the state but who are employed by contractors when the
performance of the contract is authorized by the legislature or other competent
authority;
(7) officers and employees
of the senate, or of the house of representatives, or of a legislative
committee or commission who are temporarily employed;
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(8) receivers, jurors, notaries
public, and court employees who are not in the judicial branch as defined in
section 43A.02, subdivision 25, except referees and adjusters employed by the
Department of Labor and Industry;
(9) patient and inmate help in
state charitable, penal, and correctional institutions including the Minnesota
Veterans Home;
(10) persons who are employed for
professional services where the service is incidental to their regular
professional duties and whose compensation is paid on a per diem basis;
(11) employees of the Sibley House
Association;
(12) the members of any state board
or commission who serve the state intermittently and are paid on a per diem
basis; the secretary, secretary-treasurer, and treasurer of those boards if
their compensation is $5,000 or less per year, or, if they are legally
prohibited from serving more than three years; and the board of managers of the
State Agricultural Society and its treasurer unless the treasurer is also its
full-time secretary;
(13) state troopers and persons who
are described in section 352B.011, subdivision 10, clauses (2) to (8);
(14) temporary employees of the
Minnesota State Fair who are employed on or after July 1 for a period not to
extend beyond October 15 of that year; and persons who are employed at any time
by the state fair administration for special events held on the fairgrounds;
(15) emergency employees who are in
the classified service; except that if an emergency employee, within the same
pay period, becomes a provisional or probationary employee on other than a
temporary basis, the employee must be considered a "state employee"
retroactively to the beginning of the pay period;
(16) temporary employees in the
classified service, and temporary employees in the unclassified service who are
appointed for a definite period of not more than six months and who are
employed less than six months in any one-year period;
(17) interns hired for six months
or less and trainee employees, except those listed in subdivision 2a, clause
(8);
(18) persons whose compensation is
paid on a fee basis or as an independent contractor;
(19) state employees who are employed
by the Board of Trustees of the Minnesota State Colleges and Universities in
unclassified positions enumerated in section 43A.08, subdivision 1, clause (9);
(20) state employees who in any
year have credit for 12 months service as teachers in the public schools of the
state and as teachers are members of the Teachers Retirement Association or a
retirement system in St. Paul, Minneapolis, or Duluth, except for
incidental employment as a state employee that is not covered by one of the
teacher retirement associations or systems;
(21) employees of the adjutant
general who are employed on an unlimited intermittent or temporary basis in the
classified or unclassified service for the support of Army and Air National
Guard training facilities;
(22) chaplains and nuns who are
excluded from coverage under the federal Old Age, Survivors, Disability, and
Health Insurance Program for the performance of service as specified in United
States Code, title 42, section 410(a)(8)(A), as amended, if no irrevocable election
of coverage has been made under section 3121(r) of the Internal Revenue Code of
1986, as amended through December 31, 1992;
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(23) examination monitors
who are employed by departments, agencies, commissions, and boards to conduct
examinations required by law;
(24) persons who are
appointed to serve as members of fact-finding commissions or adjustment panels,
arbitrators, or labor referees under chapter 179;
(25) temporary employees who
are employed for limited periods under any state or federal program for
training or rehabilitation, including persons who are employed for limited
periods from areas of economic distress, but not including skilled and
supervisory personnel and persons having civil service status covered by the
system;
(26) full-time students who
are employed by the Minnesota Historical Society intermittently during part of
the year and full-time during the summer months;
(27) temporary employees who
are appointed for not more than six months, of the Metropolitan Council and of
any of its statutory boards, if the board members are appointed by the
Metropolitan Council;
(28) persons who are
employed in positions designated by the Department of Management and Budget as
student workers;
(29) members of trades who
are employed by the successor to the Metropolitan Waste Control Commission, who
have trade union pension plan coverage under a collective bargaining agreement,
and who are first employed after June 1, 1977;
(30) off-duty peace officers
while employed by the Metropolitan Council;
(31) persons who are
employed as full-time police officers by the Metropolitan Council and as police
officers are members of the public employees police and fire fund;
(32) persons who are
employed as full-time firefighters by the Department of Military Affairs and as
firefighters are members of the public employees police and fire fund;
(33) foreign citizens with a
work permit of less than three years, or an H-1b/JV visa valid for less than
three years of employment, unless notice of extension is supplied which allows
them to work for three or more years as of the date the extension is granted,
in which case they are eligible for coverage from the date extended; and
(34) persons who are
employed by the Board of Trustees of the Minnesota State Colleges and
Universities and who elected to remain members of the Public Employees
Retirement Association or of the MERF division of the Public Employees
Retirement Association as the successor of the Minneapolis Employees
Retirement Fund, whichever applies, under Minnesota Statutes 1994, section 136C.75.
Sec. 12. Minnesota Statutes 2008, section 353.03,
subdivision 1, is amended to read:
Subdivision 1. Management;
composition; election. (a) The
management of the public employees retirement fund Public Employees
Retirement Association is vested in an 11-member board of trustees
consisting of ten members and the state auditor. The state auditor may designate a deputy
auditor with expertise in pension matters as the auditor's representative on
the board. The governor shall appoint
five trustees to four-year terms, one of whom shall be designated to represent
school boards, one to represent cities, one to represent counties, one who is a
retired annuitant, and one who is a public member knowledgeable in pension
matters. The membership of the
association, including recipients of retirement annuities and disability and
survivor benefits, shall elect five trustees for terms of four years, one of
whom must be a member of the police and fire fund and one of whom must be a
former member who met the definition of public employee under section 353.01,
subdivisions 2 and 2a, for at least five years prior
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to terminating membership or
a member who receives a disability benefit.
Terms expire on January 31 of the fourth year, and positions are vacant
until newly elected members are seated.
Except as provided in this subdivision, trustees elected by the
membership of the association must be public employees and members of the
association.
(b) For seven days beginning
October 1 of each year preceding a year in which an election is held, the
association shall accept at its office filings in person or by mail of
candidates for the board of trustees. A
candidate shall submit at the time of filing a nominating petition signed by 25
or more members of the association. No
name may be withdrawn from nomination by the nominee after October 15. At the request of a candidate for an elected
position on the board of trustees, the board shall mail a statement of up to
300 words prepared by the candidate to all persons eligible to vote in the election
of the candidate. The board may adopt
policies, subject to review and approval by the secretary of state under
paragraph (e), to govern the form and length of these statements, timing of
mailings, and deadlines for submitting materials to be mailed. The secretary of state shall resolve disputes
between the board and a candidate concerning application of these policies to a
particular statement.
(c) By January 10 of each
year in which elections are to be held, the board shall distribute by mail to
the members ballots listing the candidates.
No member may vote for more than one candidate for each board position
to be filled. A ballot indicating a vote
for more than one person for any position is void. No special marking may be used on the ballot
to indicate incumbents. Ballots mailed
to the association must be postmarked no later than January 31. The ballot envelopes must be so designated
and the ballots must be counted in a manner that ensures that each vote is
secret.
(d) A candidate who receives
contributions or makes expenditures in excess of $100, or has given implicit or
explicit consent for any other person to receive contributions or make
expenditures in excess of $100 for the purpose of bringing about the
candidate's election, shall file a report with the campaign finance and public
disclosure board disclosing the source and amount of all contributions to the
candidate's campaign. The campaign
finance and public disclosure board shall prescribe forms governing these
disclosures. Expenditures and
contributions have the meaning defined in section 10A.01. These terms do not include the mailing made
by the association board on behalf of the candidate. A candidate shall file a report within 30
days from the day that the results of the election are announced. The Campaign Finance and Public Disclosure
Board shall maintain these reports and make them available for public
inspection in the same manner as the board maintains and makes available other
reports filed with it.
(e) The secretary of state
shall review and approve the procedures defined by the board of trustees for
conducting the elections specified in this subdivision, including board
policies adopted under paragraph (b).
(f) The board of trustees
and the executive director shall undertake their activities consistent with
chapter 356A.
Sec. 13. Minnesota Statutes 2008, section 353.71,
subdivision 4, is amended to read:
Subd. 4. Repayment
of refund. Any person who has
received a refund from the public employees retirement fund Public
Employees Retirement Association and who is a member of any public
retirement system referred to in subdivision 1, may repay such refund to the public
employees retirement fund Public Employees Retirement Association as
provided in section 353.35.
Sec. 14. Minnesota Statutes 2008, section 353.86,
subdivision 1, is amended to read:
Subdivision 1. Participation. Volunteer ambulance service personnel, as
defined in section 353.01, subdivision 35, who are or become members of and
participants in the public general employees retirement fund or
the public employees police and fire fund before July 1, 2002, and make
contributions to either of those funds based on compensation for service other
than volunteer ambulance service may elect to participate in that same fund
with respect to compensation received for volunteer ambulance service, provided
that the volunteer ambulance service is
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not credited to another
public or private pension plan including the public employees retirement plan
established by chapter 353D and provided further that the volunteer ambulance
service is rendered for the same governmental unit for which the nonvolunteer
ambulance service is rendered.
Sec. 15. Minnesota Statutes 2008, section 353.86,
subdivision 2, is amended to read:
Subd. 2. Election. Volunteer ambulance service personnel to
whom subdivision 1 applies may exercise the election authorized under subdivision
1 within the earlier of the one-year period beginning on July 1, 1989, and
extending through June 30, 1990, or the one-year period commencing on the first
day of the first month following the start of employment in a position covered
by the public general employees retirement fund or the public
employees police and fire fund. The
election must be exercised by filing a written notice on a form prescribed by
the executive director of the association.
Sec. 16. Minnesota Statutes 2008, section 353.87,
subdivision 1, is amended to read:
Subdivision 1. Participation. Except as provided in subdivision 2, a
volunteer firefighter, as defined in section 353.01, subdivision 36, who, on
June 30, 1989, was a member of, and a participant in, the public general
employees retirement fund or the public employees police and fire fund and was
making contributions to either of those funds based, at least in part, on
compensation for services performed as a volunteer firefighter shall continue
as a member of, and a participant in, the public general
employees retirement fund or the public employees police and fire fund and
compensation for services performed as a volunteer firefighter shall
must be considered salary.
Sec. 17. Minnesota Statutes 2008, section 353.87,
subdivision 2, is amended to read:
Subd. 2. Option. A volunteer firefighter to whom
subdivision 1 applies has the option to terminate membership and future
participation in the public general employees retirement fund or
the public employees police and fire fund upon filing of a written notice of
intention to terminate participation.
Notice must be given on a form prescribed by the executive director
of the association and must be filed in the offices of the association not
later than June 30, 1990.
Sec. 18. Minnesota Statutes 2008, section 353.88, is
amended to read:
353.88 PENALTY FOR MEMBERSHIP MISCERTIFICATIONS AND CERTIFICATION
FAILURES.
(a) If the board of trustees of the
Public Employees Retirement Association, upon the recommendation of the
executive director, determines that a governmental subdivision has certified a
public employee for membership in the public employees police and fire
retirement plan when the public employee was not eligible for that retirement
plan coverage, the public employee must be covered by the correct retirement
plan for subsequent service, the public employee retains the coverage for the
period of the misclassification, and the governmental subdivision shall pay in
a lump sum the difference in the actuarial present value of the retirement
annuities to which the public employee would have been entitled if the public
employee was properly classified. The
governmental subdivision payment is payable within 30 days of the board's
determination. If unpaid, it must be
collected under section 353.28. The
lump-sum payment must be deposited in the public general
employees retirement fund.
(b) If the executive director of
the Public Employees Retirement Association determines that a governmental
subdivision has failed to certify a person for retirement plan membership and
coverage under this chapter, in addition to the procedures under section
353.27, subdivision 4, 9, 10, 11, 12, 12a, or 12b, the director shall charge a
fine of $25 for each membership certification failure.
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Sec. 19. Minnesota Statutes 2008, section 354.71, is
amended to read:
354.71 MINNEAPOLIS EMPLOYEES RETIREMENT FUND STATE AID REDEDICATED.
Subdivision 1. Appropriation. The positive difference, if any, between the
actual state aid paid payable to the MERF division account of
the Public Employees Retirement Association with respect to the former
Minneapolis Employees Retirement Fund under section 422A.101, subdivision 3,
and $8,065,000 annually is appropriated from the general fund to the
commissioner of management and budget for deposit in the Teachers Retirement
Association to offset all or a portion of the current and future
unfunded actuarial accrued liability of the former Minneapolis Teachers
Retirement Fund Association.
Subd. 2. Financial
requirements. The appropriation in
subdivision 1 is available to the extent that financial requirements of with
respect to the MERF division of the Public Employees Retirement
Association as the successor of the former Minneapolis Employees Retirement
Fund under section 422A.101, subdivision 3, 353.50 have been
satisfied.
Sec. 20. Minnesota Statutes 2008, section 354A.011,
subdivision 27, is amended to read:
Subd. 27. Teacher. (a) "Teacher" means any person
who renders service for a public school district, other than a charter school,
located in the corporate limits of Duluth or St. Paul, as any of the
following:
(1) a full-time employee in a
position for which a valid license from the state Department of Education is
required;
(2) an employee of the teachers
retirement fund association located in the city of the first class unless
the employee has exercised the option pursuant to Laws 1955, chapter 10,
section 1, to retain membership in the Minneapolis Employees Retirement Fund
established pursuant to chapter 422A;
(3) a part-time employee in a
position for which a valid license from the state Department of Education is
required; or
(4) a part-time employee in a
position for which a valid license from the state Department of Education is
required who also renders other nonteaching services for the school district,
unless the board of trustees of the teachers retirement fund association
determines that the combined employment is on the whole so substantially dissimilar
to teaching service that the service may not be covered by the association.
(b) The term does not mean any
person who renders service in the school district as any of the following:
(1) an independent contractor or
the employee of an independent contractor;
(2) an employee who is a full-time
teacher covered by the Teachers Retirement Association or by another teachers
retirement fund association established pursuant to this chapter or chapter
354;
(3) an employee exempt from licensure
pursuant to section 122A.30;
(4) an employee who is a teacher in
a technical college located in a city of the first class unless the person
elects coverage by the applicable first class city teacher retirement fund
association under section 354B.21, subdivision 2;
(5) a teacher employed by a charter
school, irrespective of the location of the school; or
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(6) an employee who is a part-time
teacher in a technical college in a city of the first class and who has elected
coverage by the applicable first class city teacher retirement fund association
under section 354B.21, subdivision 2, but (i) the teaching service is
incidental to the regular nonteaching occupation of the person; (ii) the
applicable technical college stipulates annually in advance that the part-time
teaching service will not exceed 300 hours in a fiscal year; and (iii) the
part-time teaching actually does not exceed 300 hours in the fiscal year to
which the certification applies.
Sec. 21. Minnesota Statutes 2008, section 354A.39, is
amended to read:
354A.39 SERVICE IN OTHER PUBLIC RETIREMENT FUNDS; ANNUITY.
Any person who has been a member of
the Minnesota State Retirement System, the Public Employees Retirement
Association including the Public Employees Retirement Association Police and
Fire Fund, the Teachers Retirement Association, the Minnesota State Patrol
Retirement Association, the legislators retirement plan, the constitutional
officers retirement plan, the Minneapolis Employees Retirement Fund, the
Duluth Teachers Retirement Fund Association new law coordinated program, the
St. Paul Teachers Retirement Fund Association coordinated program, or any
other public employee retirement system in the state of Minnesota having a like
provision but excluding all other funds providing retirement benefits for
police officers or firefighters shall be is entitled when
qualified, to an annuity from each fund if the person's total allowable
service in all of the funds or in any two or more of the funds totals three or
more years, provided that no portion of the allowable service upon which the
retirement annuity from one fund is based is used again in the computation for
a retirement annuity from another fund and provided further that the person has
not taken a refund from any of funds or associations since the person's
membership in the fund or association has terminated. The annuity from each fund or association shall
must be determined by the appropriate provisions of the law governing each
fund or association, except that the requirement that a person must have at
least three years of allowable service in the respective fund or association shall
does not apply for the purposes of this section, provided that the
aggregate service in two or more of these funds equals three or more years.
Sec. 22. Minnesota Statutes 2008, section 355.095,
subdivision 1, is amended to read:
Subdivision 1. Agreement. (a) The director, on behalf of the state,
its political subdivisions, and its other governmental employers, is authorized
to enter into an agreement with the Secretary of Health and Human Services to
extend the provisions of United States Code, title 42, section 426, 426-1, and
1395c, to the employees in paragraph (b) who meet the requirements of United
States Code, title 42, section 418(v)(2) and who do not have coverage by the
federal old age, survivors, and disability insurance program for that
employment under any previous modification of the agreement or previous
Medicare referendum.
(b) The applicable employees are:
(1) employees who are members of
one of the retirement plans in Minnesota Statutes 2008, section 356.30, subdivision
3, except clauses (4) and (8), based on continuous employment since March 31,
1986; and
(2) employees of a special
authority or district who have been continuously employed by the special
authority or district since March 31, 1986.
Sec. 23. Minnesota Statutes 2009 Supplement, section
356.20, subdivision 2, is amended to read:
Subd. 2. Covered
public pension plans and funds. This
section applies to the following public pension plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System;
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(2) the general employees
retirement plan of the Public Employees Retirement Association;
(3) the Teachers Retirement
Association;
(4) the State Patrol
retirement plan;
(5) the St. Paul
Teachers Retirement Fund Association;
(6) the Duluth Teachers
Retirement Fund Association;
(7) the Minneapolis
Employees Retirement Fund;
(8) (7) the University
of Minnesota faculty retirement plan;
(9) (8) the University
of Minnesota faculty supplemental retirement plan;
(10) (9) the judges
retirement fund;
(11) (10) a police or
firefighter's relief association specified or described in section 69.77,
subdivision 1a;
(12) (11) a volunteer
firefighter relief association governed by section 69.771, subdivision 1;
(13) (12) the public
employees police and fire plan of the Public Employees Retirement Association;
(14) (13) the
correctional state employees retirement plan of the Minnesota State Retirement
System;
(15) (14) the local
government correctional service retirement plan of the Public Employees
Retirement Association; and
(16) (15) the voluntary
statewide lump-sum volunteer firefighter retirement plan.
Sec. 24. Minnesota Statutes 2008, section 356.214,
subdivision 1, is amended to read:
Subdivision 1. Actuary
retention. (a) The governing board
or managing or administrative official of each public pension plan and
retirement fund or plan enumerated in paragraph (b) shall contract with an
established actuarial consulting firm to conduct annual actuarial valuations
and related services. The principal from
the actuarial consulting firm on the contract must be an approved actuary under
section 356.215, subdivision 1, paragraph (c).
(b) Actuarial services must
include the preparation of actuarial valuations and related actuarial work for
the following retirement plans:
(1) the teachers retirement
plan, Teachers Retirement Association;
(2) the general state
employees retirement plan, Minnesota State Retirement System;
(3) the correctional
employees retirement plan, Minnesota State Retirement System;
(4) the State Patrol
retirement plan, Minnesota State Retirement System;
(5) the judges retirement
plan, Minnesota State Retirement System;
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(6) the Minneapolis
employees retirement plan, Minneapolis Employees Retirement Fund;
(7) (6) the public
general employees retirement plan, Public Employees Retirement
Association, including the MERF division;
(8) (7) the public
employees police and fire plan, Public Employees Retirement Association;
(9) (8) the Duluth
teachers retirement plan, Duluth Teachers Retirement Fund Association;
(10) (9) the
St. Paul teachers retirement plan, St. Paul Teachers Retirement Fund
Association;
(11) (10) the legislators
retirement plan, Minnesota State Retirement System;
(12) (11) the elective
state officers retirement plan, Minnesota State Retirement System; and
(13) (12) local
government correctional service retirement plan, Public Employees Retirement
Association.
(c) The contracts must
require completion of the annual actuarial valuation calculations on a fiscal
year basis, with the contents of the actuarial valuation calculations as
specified in section 356.215, and in conformity with the standards for
actuarial work adopted by the Legislative Commission on Pensions and
Retirement.
The contracts must require
completion of annual experience data collection and processing and a
quadrennial published experience study for the plans listed in paragraph (b),
clauses (1), (2), and (7) (6), as provided for in the standards
for actuarial work adopted by the commission.
The experience data collection, processing, and analysis must evaluate
the following:
(1) individual salary
progression;
(2) the rate of return on
investments based on the current asset value;
(3) payroll growth;
(4) mortality;
(5) retirement age;
(6) withdrawal; and
(7) disablement.
(d) The actuary shall
annually prepare a report to the governing or managing board or administrative
official and the legislature, summarizing the results of the actuarial
valuation calculations. The actuary
shall include with the report any recommendations concerning the appropriateness
of the support rates to achieve proper funding of the retirement plans by the
required funding dates. The actuary
shall, as part of the quadrennial experience study, include recommendations on
the appropriateness of the actuarial valuation assumptions required for
evaluation in the study.
(e) If the actuarial gain
and loss analysis in the actuarial valuation calculations indicates a
persistent pattern of sizable gains or losses, the governing or managing board
or administrative official shall direct the actuary to prepare a special
experience study for a plan listed in paragraph (b), clause (3), (4), (5), (6)
(7), (8), (9), (10), (11), or (12), or (13), in the manner
provided for in the standards for actuarial work adopted by the commission.
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Sec. 25. Minnesota Statutes 2008, section 356.30,
subdivision 3, is amended to read:
Subd. 3. Covered
plans. This section applies to the
following retirement plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System, established under
chapter 352;
(2) the correctional state
employees retirement plan of the Minnesota State Retirement System, established
under chapter 352;
(3) the unclassified employees
retirement program, established under chapter 352D;
(4) the State Patrol retirement
plan, established under chapter 352B;
(5) the legislators retirement
plan, established under chapter 3A;
(6) the elective state officers
retirement plan, established under chapter 352C;
(7) the general employees
retirement plan of the Public Employees Retirement Association, established
under chapter 353, including the MERF division of the Public Employees
Retirement Association;
(8) the public employees police and
fire retirement plan of the Public Employees Retirement Association,
established under chapter 353;
(9) the local government
correctional service retirement plan of the Public Employees Retirement
Association, established under chapter 353E;
(10) the Teachers Retirement
Association, established under chapter 354;
(11) the Minneapolis Employees
Retirement Fund, established under chapter 422A;
(12) (11)
the St. Paul Teachers Retirement Fund Association, established under
chapter 354A;
(13) (12)
the Duluth Teachers Retirement Fund Association, established under chapter
354A; and
(14) (13)
the judges retirement fund, established by chapter 490.
Sec. 26. Minnesota Statutes 2008, section 356.302,
subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The terms used in this section are
defined in this subdivision.
(b) "Average salary"
means the highest average of covered salary for the appropriate period of
credited service that is required for the calculation of a disability benefit
by the covered retirement plan and that is drawn from any period of credited
service and successive years of covered salary in a covered retirement plan.
(c) "Covered retirement
plan" or "plan" means a retirement plan listed in subdivision 7.
(d) "Duty-related" means
a disabling illness or injury that occurred while the person was actively
engaged in employment duties or that arose out of the person's active
employment duties.
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(e) "General employee
retirement plan" means a covered retirement plan listed in subdivision 7,
clauses (1) to (8) (6) and (13) (12).
(f) "Occupationally
disabled" means the condition of having a medically determinable physical
or mental impairment that makes a person unable to satisfactorily perform the
minimum requirements of the person's employment position or a substantially
similar employment position.
(g) "Public safety employee
retirement plan" means a covered retirement plan listed in subdivision 7,
clauses (9) (7) to (12) (11).
(h) "Totally and permanently
disabled" means the condition of having a medically determinable physical
or mental impairment that makes a person unable to engage in any substantial
gainful activity and that is expected to continue or has continued for a period
of at least one year or that is expected to result directly in the person's
death.
Sec. 27. Minnesota Statutes 2008, section 356.302,
subdivision 7, is amended to read:
Subd. 7. Covered
retirement plans. This section
applies to the following retirement plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System, established by
chapter 352;
(2) the unclassified state employees
retirement program of the Minnesota State Retirement System, established by
chapter 352D;
(3) the general employees retirement
plan of the Public Employees Retirement Association, established by chapter 353,
including the MERF division of the Public Employees Retirement Association;
(4) the Teachers Retirement
Association, established by chapter 354;
(5) the Duluth Teachers Retirement
Fund Association, established by chapter 354A;
(6) the St. Paul Teachers
Retirement Fund Association, established by chapter 354A;
(7) the Minneapolis Employees
Retirement Fund, established by chapter 422A;
(8) (7)
the state correctional employees retirement plan of the Minnesota State
Retirement System, established by chapter 352;
(9) (8)
the State Patrol retirement plan, established by chapter 352B;
(10) (9)
the public employees police and fire plan of the Public Employees Retirement
Association, established by chapter 353;
(11) (10)
the local government correctional service retirement plan of the Public
Employees Retirement Association, established by chapter 353E; and
(12) (11)
the judges retirement plan, established by chapter 490.
Sec. 28. Minnesota Statutes 2008, section 356.303,
subdivision 4, is amended to read:
Subd. 4. Covered
retirement plans. This section
applies to the following retirement plans:
(1) the legislators retirement plan,
established by chapter 3A;
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(2) the general state employees
retirement plan of the Minnesota State Retirement System, established by
chapter 352;
(3) the correctional state employees
retirement plan of the Minnesota State Retirement System, established by
chapter 352;
(4) the State Patrol retirement
plan, established by chapter 352B;
(5) the elective state officers
retirement plan, established by chapter 352C;
(6) the unclassified state
employees retirement program, established by chapter 352D;
(7) the general employees
retirement plan of the Public Employees Retirement Association, established by
chapter 353, including the MERF division of the Public Employees Retirement
Association;
(8) the public employees police and
fire plan of the Public Employees Retirement Association, established by
chapter 353;
(9) the local government
correctional service retirement plan of the Public Employees Retirement
Association, established by chapter 353E;
(10) the Teachers Retirement
Association, established by chapter 354;
(11) the Duluth Teachers Retirement
Fund Association, established by chapter 354A;
(12) the St. Paul Teachers
Retirement Fund Association, established by chapter 354A; and
(13) the Minneapolis Employees
Retirement Fund, established by chapter 422A; and
(14) (13)
the judges retirement fund, established by chapter 490.
Sec. 29. Minnesota Statutes 2009 Supplement, section
356.32, subdivision 2, is amended to read:
Subd. 2. Covered
retirement plans. The provisions of
this section apply to the following retirement plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System, established under
chapter 352;
(2) the correctional state
employees retirement plan of the Minnesota State Retirement System, established
under chapter 352;
(3) the State Patrol retirement
plan, established under chapter 352B;
(4) the general employees retirement
plan of the Public Employees Retirement Association, established under chapter
353, including the MERF division of the Public Employees Retirement
Association;
(5) the public employees police and
fire plan of the Public Employees Retirement Association, established under
chapter 353;
(6) the Teachers Retirement
Association, established under chapter 354;
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(7) the Minneapolis Employees
Retirement Fund, established under chapter 422A;
(8) (7)
the Duluth Teachers Retirement Fund Association, established under chapter
354A; and
(9) (8)
the St. Paul Teachers Retirement Fund Association, established under
chapter 354A.
Sec. 30. Minnesota Statutes 2009 Supplement, section
356.401, subdivision 3, is amended to read:
Subd. 3. Covered
retirement plans. The provisions of
this section apply to the following retirement plans:
(1) the legislators retirement
plan, established by chapter 3A;
(2) the general state employees
retirement plan of the Minnesota State Retirement System, established by
chapter 352;
(3) the correctional state employees
retirement plan of the Minnesota State Retirement System, established by
chapter 352;
(4) the State Patrol retirement
plan, established by chapter 352B;
(5) the elective state officers
retirement plan, established by chapter 352C;
(6) the unclassified state
employees retirement program, established by chapter 352D;
(7) the general employees
retirement plan of the Public Employees Retirement Association, established by
chapter 353, including the MERF division of the Public Employees Retirement Association;
(8) the public employees police and
fire plan of the Public Employees Retirement Association, established by
chapter 353;
(9) the public employees defined
contribution plan, established by chapter 353D;
(10) the local government
correctional service retirement plan of the Public Employees Retirement
Association, established by chapter 353E;
(11) the voluntary statewide
lump-sum volunteer firefighter retirement plan, established by chapter 353G;
(12) the Teachers Retirement
Association, established by chapter 354;
(13) the Duluth Teachers Retirement
Fund Association, established by chapter 354A;
(14) the St. Paul Teachers
Retirement Fund Association, established by chapter 354A;
(15) the individual retirement
account plan, established by chapter 354B;
(16) the higher education
supplemental retirement plan, established by chapter 354C;
(17) the Minneapolis Employees
Retirement Fund, established by chapter 422A;
(18) (17)
the Minneapolis Police Relief Association, established by chapter 423B;
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(19) (18)
the Minneapolis Firefighters Relief Association, established by chapter 423C;
and
(20) (19)
the judges retirement fund, established by chapter 490.
Sec. 31. Minnesota Statutes 2008, section 356.407,
subdivision 2, is amended to read:
Subd. 2. Covered
funds. The provisions of this
section apply to the following retirement funds:
(1) the general employees
retirement plan of the Public Employees Retirement Association established
under chapter 353, including the MERF division of the Public Employees
Retirement Association;
(2) the public employees police and
fire plan of the Public Employees Retirement Association established under
chapter 353;
(3) the State Patrol retirement
plan established under chapter 352B;
(4) the legislators retirement plan
established under chapter 3A;
(5) the elective state officers
retirement plan established under chapter 352C; and
(6) the Teachers Retirement
Association established under chapter 354; and.
(7) the Minneapolis Employees
Retirement Fund established under chapter 422A.
Sec. 32. Minnesota Statutes 2009 Supplement, section
356.415, subdivision 2, is amended to read:
Subd. 2. Covered
retirement plans. The provisions of
this section apply to the following retirement plans:
(1) the legislators retirement plan
established under chapter 3A;
(2) the correctional state
employees retirement plan of the Minnesota State Retirement System established
under chapter 352;
(3) the general state employees
retirement plan of the Minnesota State Retirement System established under
chapter 352;
(4) the State Patrol retirement
plan established under chapter 352B;
(5) the elective state officers
retirement plan established under chapter 352C;
(6) the general employees
retirement plan of the Public Employees Retirement Association established under
chapter 353, including the MERF division of the Public Employees Retirement
Association;
(7) the public employees police and
fire retirement plan of the Public Employees Retirement Association established
under chapter 353;
(8) the local government correctional
employees retirement plan of the Public Employees Retirement Association
established under chapter 353E;
(9) the teachers retirement plan
established under chapter 354; and
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(10) the judges retirement plan
established under chapter 490.
Sec. 33. Minnesota Statutes 2008, section 356.431,
subdivision 1, is amended to read:
Subdivision 1. Lump-sum
postretirement payment conversion. For
benefits paid after December 31, 2001, to eligible persons under sections
section 356.42 and 356.43, the amount of the most recent lump-sum
benefit payable to an eligible recipient under sections section
356.42 and 356.43 must be divided by 12.
The result must be added to the monthly annuity or benefit otherwise
payable to an eligible recipient, must become a permanent part of the benefit
recipient's pension, and must be included in any pension benefit subject to
future increases.
Sec. 34. Minnesota Statutes 2008, section 356.465,
subdivision 3, is amended to read:
Subd. 3. Covered
retirement plans. The provisions of
this section apply to the following retirement plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System established under
chapter 352;
(2) the correctional state employees
retirement plan of the Minnesota State Retirement System established under
chapter 352;
(3) the State Patrol retirement plan
established under chapter 352B;
(4) the legislators retirement plan
established under chapter 3A;
(5) the judges retirement plan
established under chapter 490;
(6) the general employees retirement
plan of the Public Employees Retirement Association established under chapter
353, including the MERF division of the Public Employees Retirement
Association;
(7) the public employees police and
fire plan of the Public Employees Retirement Association established under
chapter 353;
(8) the teachers retirement plan
established under chapter 354;
(9) the Duluth Teachers Retirement
Fund Association established under chapter 354A;
(10) the St. Paul Teachers
Retirement Fund Association established under chapter 354A;
(11) the Minneapolis Employees
Retirement Fund established under chapter 422A;
(12) (11)
the Minneapolis Firefighters Relief Association established under chapter 423C;
(13) (12)
the Minneapolis Police Relief Association established under chapter 423B; and
(14) (13)
the local government correctional service retirement plan of the Public
Employees Retirement Association established under chapter 353E.
Sec. 35. Minnesota Statutes 2008, section 356.64, is
amended to read:
356.64 REAL ESTATE INVESTMENTS.
(a) Notwithstanding any law to the
contrary, any public pension plan whose assets are not invested by the State
Board of Investment may invest its funds in Minnesota situs nonfarm real estate
ownership interests or loans secured by mortgages or deeds of trust if the
investment is consistent with section 356A.04.
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(b) Except to the extent
authorized in the case of the Minneapolis Employees Retirement Fund under
section 422A.05, subdivision 2c, paragraph (a), An investment otherwise
authorized by this section must also comply with the requirements and
limitations of section 11A.24, subdivision 6.
Sec. 36. Minnesota Statutes 2008, section 356.65,
subdivision 2, is amended to read:
Subd. 2. Disposition
of abandoned amounts. Any unclaimed
public pension fund amounts existing in any public pension fund are presumed to
be abandoned, but are not subject to the provisions of sections 345.31 to
345.60. Unless the benefit plan of the
public pension fund specifically provides for a different disposition of
unclaimed or abandoned funds or amounts, any unclaimed public pension fund
amounts cancel and must be credited to the public pension fund. If the unclaimed public pension fund amount
exceeds $25 and the inactive or former member again becomes a member of the
applicable public pension plan or applies for a retirement annuity under
section 3A.12, 352.72, 352B.30, 353.71, 354.60, or 356.30, or
422A.16, subdivision 8, whichever applies, the canceled amount must be
restored to the credit of the person.
Sec. 37. Minnesota Statutes 2008, section 356.91, is
amended to read:
356.91 VOLUNTARY MEMBERSHIP DUES DEDUCTION.
(a) Upon written
authorization of a person receiving an annuity from a public pension fund
administered by the Minnesota State Retirement System, or the
Public Employees Retirement Association, or the Minneapolis Employees
Retirement Fund, the executive director of the public pension fund may
deduct from the retirement annuity an amount requested by the annuitant to be
paid as dues to any labor organization that is an exclusive bargaining agent
representing public employees or an organization representing retired public
employees of which the annuitant is a member and shall pay the amount to the
organization so designated by the annuitant.
(b) A pension fund and the
plan fiduciaries which authorize or administer deductions of dues payments
under paragraph (a) are not liable for failure to properly deduct or transmit
the dues amounts, provided that the fund and the fiduciaries have acted in good
faith.
(c) The deductions under
paragraph (a) may occur no more frequently than two times per year and may not
be used for political purposes.
(d) Any labor organization
specified in paragraph (a) shall reimburse the public pension fund for the
administrative expense of withholding premium amounts.
Sec. 38. Minnesota Statutes 2009 Supplement, section
356.96, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) Unless the language or context
clearly indicates that a different meaning is intended, for the purpose of this
section, the terms in paragraphs (b) to (e) have the meanings given them.
(b) "Chief
administrative officer" means the executive director of a covered pension
plan or the executive director's designee or representative.
(c) "Covered pension
plan" means a plan enumerated in section 356.20, subdivision 2, clauses
(1) to (4), (10) (9), and (13) (12) to (16) (15),
but does not mean the deferred compensation plan administered under sections 352.965
and 352.97 or to the postretirement health care savings plan administered under
section 352.98.
(d) "Governing
board" means the Board of Trustees of the Public Employees Retirement
Association, the Board of Trustees of the Teachers Retirement Association, or
the Board of Directors of the Minnesota State Retirement System.
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(e) "Person" includes an
active, retired, deferred, or nonvested inactive participant in a covered
pension plan or a beneficiary of a participant, or an individual who has
applied to be a participant or who is or may be a survivor of a participant, or
a state agency or other governmental unit that employs active participants in a
covered pension plan.
Sec. 39. Minnesota Statutes 2008, section 473.511,
subdivision 3, is amended to read:
Subd. 3. Existing
sanitary districts, joint sewer boards. Effective
January 1, 1971, the corporate existence of the Minneapolis-St. Paul
Sanitary District, the North Suburban Sanitary Sewer District, and any joint
board created by agreement among local government units pursuant to under
section 471.59, to provide interceptors and treatment works for such local
government units, shall terminate.
All persons regularly employed by such sanitary districts and joint
boards on that date or on any earlier date on which the former waste control
commission pursuant to subdivisions 1 and 2 assumed ownership and control of
any interceptors or treatment works owned or operated by such sanitary
districts and joint boards, and who are employees of the commission on July 1,
1994, shall be are employees of the council, and may at their
option become members of the Minnesota State Retirement System or may continue
as members of a public retirement association under chapter 422A or any other
law, to which they belonged before such date, and shall retain all pension
rights which they may have under such latter laws, and all other rights to
which they are entitled by contract or law.
Members of trades who are employed by the former Metropolitan Waste
Control Commission, who have trade union pension coverage pursuant to under
a collective bargaining agreement, and who elected exclusion from coverage pursuant
to under section 473.512, or who are first employed after July 1,
1977, shall may not be covered by the Minnesota State Retirement
System. The council shall make the
employer's contributions to pension funds of its employees. Such employees shall perform such duties as
may be prescribed by the council. All
funds of such sanitary districts and joint boards then on hand, and all
subsequent collections of taxes, special assessments or service charges levied
or imposed by or for such sanitary districts or joint boards shall must
be transferred to the council. The local
government units otherwise entitled to such cash, taxes, assessments or service
charges shall must be credited with such amounts, and such
credits shall must be offset against any amounts to be paid by
them to the council as provided in section 473.517. The former Metropolitan Waste Control
Commission, and on July 1, 1994, the council shall succeed to and become vested
by action of law with all right, title and interest in and to any property,
real or personal, owned or operated by such sanitary districts and joint
boards. Prior to that date the proper
officers of such sanitary districts and joint boards, or the former
Metropolitan Waste Control Commission, shall execute and deliver to the council
all deeds, conveyances, bills of sale, and other documents or instruments
required to vest in the council good and marketable title to all such real or
personal property; provided that vesting of the title shall must
occur by operation of law and failure to execute and deliver the documents shall
does not affect the vesting of title in the former Metropolitan Waste
Control Commission or the council on the dates indicated in this
subdivision. The council shall become
obligated to pay or assume all bonded or other debt and contract obligations
incurred by the former Metropolitan Waste Control Commission, or by such
sanitary districts and joint boards, or incurred by local government units for
the acquisition or betterment of any interceptors or treatment works owned or
operated by such sanitary districts or joint boards.
Sec. 40. Minnesota Statutes 2008, section 473.606,
subdivision 5, is amended to read:
Subd. 5. Employees,
others, affirmative action; prevailing wage.
The corporation shall have the power to appoint engineers and other
consultants, attorneys, and such other officers, agents, and employees as it
may see fit, who shall perform such duties and receive such compensation as the
corporation may determine, and be removable at the pleasure of the
corporation. The corporation shall
must adopt an affirmative action plan, which shall be submitted to the
appropriate agency or office of the state for review and approval. The plan shall must include a
yearly progress report to the agency or office.
Officers and employees of the corporation who cannot qualify and
participate in the municipal employees retirement fund under chapter 422A,
shall be separated from service at the retirement age applicable to officers or
employees of the state of Minnesota in the classified service of the state
civil service as provided in section 43A.34, or as the same may from time to
time be amended, regardless of the provisions of the Veteran's Preference Act. Whenever the corporation performs any
work within the limits of a city of the first class, or establishes a minimum
wage for skilled or unskilled labor in the specifications or any contract for
work within one of the cities, the rate of pay to such skilled and unskilled labor
shall must be the prevailing rate of wage for such labor in that
city.
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Sec. 41. Minnesota Statutes 2008, section 475.52,
subdivision 6, is amended to read:
Subd. 6. Certain
purposes. Any municipality may issue
bonds for paying judgments against it; for refunding outstanding bonds; for
funding floating indebtedness; for funding actuarial liabilities to pay
postemployment benefits to employees or officers after their termination of
service; or for funding all or part of the municipality's current and future
unfunded liability for a pension or retirement fund or plan referred to in section
356.20, subdivision 2, as those liabilities are most recently computed pursuant
to under sections 356.215 and 356.216. The board of trustees or directors of a pension
fund or relief association referred to in section 69.77 or chapter 422A
must consent and must be a party to any contract made under this section with
respect to the fund held by it for the benefit of and in trust for its
members. For purposes of this section,
the term "postemployment benefits" means benefits giving rise to a
liability under Statement No. 45 of the Governmental Accounting Standards
Board.
Sec. 42. Minnesota Statutes 2009 Supplement, section
480.181, subdivision 2, is amended to read:
Subd. 2. Election
to retain insurance and benefits; retirement.
(a) Before a person is transferred to state employment under this
section, the person may elect to do either or both of the following:
(1) keep life insurance; hospital,
medical, and dental insurance; and vacation and sick leave benefits and
accumulated time provided by the county instead of receiving benefits from the
state under the judicial branch personnel rules; or
(2) remain a member of the general
employees retirement plan of the Public Employees Retirement Association or
the Minneapolis employees retirement fund MERF division of the Public
Employees Retirement Association instead of joining the Minnesota State
Retirement System.
Employees who make an election under
clause (1) remain on the county payroll, but the state shall reimburse the
county on a quarterly basis for the salary and cost of the benefits provided by
the county. The state shall make the
employer contribution to the general employees retirement plan of the
Public Employees Retirement Association or the employer contribution under section
422A.101 353.50, subdivision 1a 7, paragraphs (c) and
(d), to the Minneapolis Employees Retirement Fund MERF division
of the Public Employees Retirement Association on behalf of employees who
make an election under clause (2).
(b) An employee who makes an
election under paragraph (a), clause (1), may revoke the election, once, at any
time, but if the employee revokes the election, the employee cannot make
another election. An employee who makes
an election under paragraph (a), clause (2), may revoke the election at any
time within six months after the person becomes a state employee. Once an employee revokes this election, the
employee cannot make another election.
(c) The Supreme Court, after
consultation with the Judicial Council, the commissioner of management and
budget, and the executive directors of the Public Employees Retirement
Association and the Minnesota State Retirement Association, shall adopt
procedures for making elections under this section.
(d) The Supreme Court shall notify
all affected employees of the options available under this section. The executive directors of the Public
Employees Retirement Association and the Minnesota State Retirement System
shall provide counseling to affected employees on the effect of making an election
to remain a member of the Public Employees Retirement Association.
Sec. 43. APPROPRIATIONS
MADE ONLY ONCE.
If the appropriations made in this
act are enacted more than once in the 2010 regular session, these
appropriations must be given effect only once.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12154
Sec. 44. EFFECTIVE
DATE.
Sections 1 to 42 are effective June
30, 2010."
Delete the title and insert:
"A bill for an act relating to
retirement; Minneapolis Employees Retirement Fund; transfer of administrative
functions to the Public Employees Retirement Association; creation of MERF
consolidation account within the Public Employees Retirement Association;
making conforming changes; appropriating money; amending Minnesota Statutes
2008, sections 11A.23, subdivision 4; 13D.01, subdivision 1; 43A.17, subdivision
9; 43A.316, subdivision 8; 69.021, subdivision 10; 126C.41, subdivision 3;
256D.21; 353.01, subdivision 2b, by adding subdivisions; 353.03, subdivision 1;
353.05; 353.27, as amended; 353.34, subdivisions 1, 6; 353.37, subdivisions 1,
2, 3, 4, 5; 353.46, subdivisions 2, 6; 353.64, subdivision 7; 353.71,
subdivision 4; 353.86, subdivisions 1, 2; 353.87, subdivisions 1, 2; 353.88;
354.71; 354A.011, subdivision 27; 354A.39; 355.095, subdivision 1; 356.214,
subdivision 1; 356.215, subdivision 8; 356.30, subdivision 3; 356.302,
subdivisions 1, 7; 356.303, subdivision 4; 356.407, subdivision 2; 356.431,
subdivision 1; 356.465, subdivision 3; 356.64; 356.65, subdivision 2; 356.91;
422A.101, subdivision 3; 422A.26; 473.511, subdivision 3; 473.606, subdivision
5; 475.52, subdivision 6; Minnesota Statutes 2009 Supplement, sections 6.67;
69.011, subdivision 1; 69.031, subdivision 5; 352.01, subdivision 2b; 353.01,
subdivision 2a; 353.06; 356.20, subdivision 2; 356.215, subdivision 11; 356.32,
subdivision 2; 356.401, subdivision 3; 356.415, subdivision 2; 356.96,
subdivision 1; 480.181, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 353; repealing Minnesota Statutes 2008, sections
13.63, subdivision 1; 69.011, subdivision 2a; 356.43; 422A.01, subdivisions 1,
2, 3, 4, 4a, 5, 6, 7, 8, 9, 10, 11, 12, 13a, 17, 18; 422A.02; 422A.03; 422A.04;
422A.05, subdivisions 1, 2a, 2b, 2c, 2d, 2e, 2f, 5, 6, 8; 422A.06, subdivisions
1, 2, 3, 5, 6, 7; 422A.08, subdivision 1; 422A.09; 422A.10; 422A.101,
subdivisions 1, 1a, 2, 2a; 422A.11; 422A.12; 422A.13; 422A.14, subdivision 1;
422A.15; 422A.151; 422A.155; 422A.156; 422A.16, subdivisions 1, 2, 3, 4, 5, 6,
7, 8, 9, 10; 422A.17; 422A.18, subdivisions 1, 2, 3, 4, 5, 7; 422A.19; 422A.20;
422A.21; 422A.22, subdivisions 1, 3, 4, 6; 422A.23, subdivisions 1, 2, 5, 6, 7,
8, 9, 10, 11, 12; 422A.231; 422A.24; 422A.25; Minnesota Statutes 2009
Supplement, sections 422A.06, subdivision 8; 422A.08, subdivision 5."
With the recommendation that when so
amended the bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Lenczewski from the Committee on Taxes to which was referred:
H. F. No. 2971, A bill for an act relating to
taxation; making technical, administrative, and clarifying changes to individual
income, corporate franchise, estate, sales and use, gross receipts, cigarette,
tobacco, insurance, property, credits, payments, minerals, local government
aid, job opportunity building zones, emergency debt certificates, and various
taxes and tax-related provisions; amending Minnesota Statutes 2008, sections
60A.209, subdivision 1; 270C.34, subdivision 1; 270C.87; 272.029, subdivision
7; 275.71, subdivision 5; 279.37, subdivision 1; 289A.08, subdivision 7;
289A.12, subdivision 14; 289A.30, subdivision 2; 289A.60, subdivision 7;
290.067, subdivision 1; 290.0921, subdivision 3; 295.55, subdivisions 2, 3;
297A.62, by adding a subdivision; 297A.665; 297A.68, subdivision 39; 297A.70,
subdivision 13; 297F.07, subdivision 4; 297I.30, subdivisions 1, 2, 7, 8;
297I.40, subdivisions 1, 5; 298.282, subdivision 1; 469.319, subdivision 5;
469.3193; Minnesota Statutes 2009 Supplement, sections 134.34, subdivision 4;
273.114, subdivision 2; 275.065, subdivision 3; 275.70, subdivision 5; 289A.18,
subdivision 1; 290.01, subdivisions 19a, 19b, 19d; 290.06, subdivision 2c;
290.0671, subdivision 1; 290.091, subdivision 2; 297I.35, subdivision 2;
475.755; 477A.013, subdivision 8; Laws 2001, First Special Session chapter 5,
article 3, section 50, as amended; Laws 2009, chapter 88, article 4, section 5;
repealing Minnesota Statutes 2008, section 297I.30, subdivisions 4, 5, 6.
Reported the same back with the following amendments:
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12155
Page 32, after line 10,
insert:
"Sec. 4. Minnesota Statutes 2008, section 273.113,
subdivision 3, is amended to read:
Subd. 3. Reimbursement
for lost revenue. The county auditor
shall certify to the commissioner of revenue, as part of the abstracts of tax
lists required to be filed with the commissioner under section 275.29, the
amount of tax lost to the county from the property tax credit under subdivision
2. Any prior year adjustments must also
be certified in the abstracts of tax lists.
The commissioner of revenue shall review the certifications to determine
their accuracy. The commissioner may
make the changes in the certification that are considered necessary or return a
certification to the county auditor for corrections. The commissioner shall reimburse each taxing
district, other than school districts, for the taxes lost. The payments must be made at the time
provided in section 473H.10 for payment to taxing jurisdictions in the same
proportion that the ad valorem tax is distributed. Reimbursements to school districts must be
made as provided in section 273.1392. The
amount necessary to make the reimbursements under this section is annually
appropriated from the general fund to the commissioner of revenue.
EFFECTIVE DATE. This section is effective retroactively for taxes
payable in 2009 and thereafter."
Page 32, after line 26,
insert:
"Sec. 6. Minnesota Statutes 2008, section 273.1392, is
amended to read:
273.1392 PAYMENT; SCHOOL DISTRICTS.
The amounts of bovine
tuberculosis credit reimbursements under section 273.113; conservation tax
credits under section 273.119; disaster or emergency reimbursement under
sections 273.1231 to 273.1235; homestead and agricultural credits under section
273.1384; aids and credits under section 273.1398; wetlands reimbursement under
section 275.295; enterprise zone property credit payments under section
469.171; and metropolitan agricultural preserve reduction under section 473H.10
for school districts, shall be certified to the Department of Education by the
Department of Revenue. The amounts so
certified shall be paid according to section 127A.45, subdivisions 9 and
13.
EFFECTIVE DATE. This section is effective retroactively for taxes
payable in 2009 and thereafter."
Renumber the sections in
sequence
Correct the title numbers
accordingly
With the recommendation that
when so amended the bill pass.
The report was adopted.
Lenczewski from the
Committee on Taxes to which was referred:
H. F. No. 2972,
A bill for an act relating to taxation; making policy, technical,
administrative, and clarifying changes to individual income, corporate
franchise, sales and use, property, petroleum, cigarette, tobacco, insurance,
local taxes, and other taxes and tax-related provisions; amending Minnesota
Statutes 2008, sections 82B.035, subdivision 2; 270.41, subdivision 5; 270C.94,
subdivision 3; 272.025, subdivisions 1, 3; 272.029, subdivision 4; 278.05, by
adding a subdivision; 279.01, subdivision 3; 289A.09, subdivision 2; 289A.50,
subdivisions 2, 4; 297A.995, subdivisions 10, 11; 297F.01, subdivision 22a;
297F.04, by adding a subdivision; 297F.25, subdivision 1;
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12156
297I.01, subdivision 9;
297I.05, subdivision 7; 297I.65, by adding a subdivision; Minnesota Statutes
2009 Supplement, section 273.124, subdivision 3a; proposing coding for new law
in Minnesota Statutes, chapters 296A; 645.
Reported the same back with the following amendments:
Page 1, line 16, after "INCOME" insert ",
ESTATE,"
Page 3, after line 11, insert:
"Sec. 2.
Minnesota Statutes 2008, section 289A.10, subdivision 1, is amended to
read:
Subdivision 1. Return required. In the case of a decedent who has an
interest in property with a situs in Minnesota, the personal representative
must submit a Minnesota estate tax return to the commissioner, on a form
prescribed by the commissioner, if:
(1) a federal estate tax return is required to be filed; or
(2) the federal gross estate exceeds $700,000 for estates of
decedents dying after December 31, 2001, and before January 1, 2004; $850,000
for estates of decedents dying after December 31, 2003, and before January 1,
2005; $950,000 for estates of decedents dying after December 31, 2004, and
before January 1, 2006; and $1,000,000 for estates of decedents dying
after December 31, 2005.
The return must contain a computation of the Minnesota estate
tax due. The return must be signed by
the personal representative.
EFFECTIVE
DATE. This section is effective for estates
of decedents dying after December 31, 2005."
Page 8, line 31, delete "(a)"
Page 9, line 1, delete "(b)" and insert
"(a)"
Page 9, line 3, delete "(c)" and insert
"(b)"
Page 9, line 9, delete "(d)" and insert
"(c)"
Page 9, line 11, delete "(e)" and insert
"(d)" and delete everything after "lines"
Page 9, delete lines 12 to 15
Page 9, line 16, delete "companies" and
insert "insurance includes all charges, commissions, and fees received
by the licensee"
Page 9, line 17, delete "and" and insert
"nor"
Page 12, delete section 7
Renumber the sections in sequence and correct the internal
references
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12157
Amend the title as follows:
Page 1, line 3, after "franchise," insert
"estate,"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The report was adopted.
Lenczewski from the Committee on Taxes to which was referred:
H. F. No. 3329, A bill for an act relating to
education finance; clarifying the retired employee health benefits levy
calculation; amending Minnesota Statutes 2009 Supplement, section 126C.41,
subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Lenczewski from the Committee on Taxes to which was referred:
H. F. No. 3330, A bill for an act relating to education;
clarifying revenue definitions for school districts and charter schools;
amending Minnesota Statutes 2008, section 125A.79, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
H. F. No. 3796, A bill for an act relating to
public safety; appropriating money to match federal disaster assistance made
available through FEMA Public Assistance Program.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
H. F. No. 3832, A bill for an act relating to
human services; making contingent appropriations; amending Minnesota Statutes
2008, sections 254B.03, by adding a subdivision; 256B.0625, subdivision 22;
256B.19, subdivision 1c; 256L.15, subdivision 1; Minnesota Statutes 2009
Supplement, section 256B.0911, subdivision 1a; Laws 2005, First Special Session
chapter 4, article 8, section 66, as amended; Laws 2009, chapter 79, article 5,
sections 17; 18; 22; article 8, section 2; Laws 2009, chapter 173, article 1,
section 17.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12158
Carlson from
the Committee on Finance to which was referred:
H. F. No. 3834,
A bill for an act relating to state government; requiring the commissioner of
Minnesota Management and Budget to provide a cash flow forecast to the governor
and legislature; proposing coding for new law in Minnesota Statutes, chapter
16A.
Reported the
same back with the recommendation that the bill pass.
The report was adopted.
Carlson from the Committee on Finance to which was referred:
S. F. No. 2891, A bill for an act relating to
corrections; adopting the Interstate Compact for Juveniles; proposing coding
for new law in Minnesota Statutes, chapter 260.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
S. F. No. 3379, A bill for an act relating to
public safety; appropriating money to match federal disaster assistance made
available through FEMA Public Assistance Program.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 2227, 2971, 2972, 3329, 3330,
3796, 3832 and 3834 were read for the second time.
SECOND READING OF SENATE
BILLS
S. F. Nos. 1659, 1770, 2430, 2634, 2725,
2839, 3043, 3318, 3361, 2891 and 3379 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Simon and Hoppe introduced:
H. F. No. 3838, A bill for an act relating
to drug and alcohol testing; modifying provisions related to professional
athletes; amending Minnesota Statutes 2008, section 181.955, by adding a
subdivision.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12159
Morrow moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Sertich.
Hilstrom was excused between the hours of
11:30 a.m. and 2:15 p.m.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Madam
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 3056, A bill for
an act relating to health; modifying provider peer grouping timelines and
system; amending Minnesota Statutes 2008, sections 62U.04, subdivisions 3, 9;
256B.0754, subdivision 2; repealing Minnesota Statutes 2009 Supplement, section
256B.032.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Norton moved that the House concur in the
Senate amendments to H. F. No. 3056 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 3056, A bill for
an act relating to health; modifying the provider peer grouping timelines and
system; adding provision to agricultural cooperative health plan for farmers;
requiring reports; amending Minnesota Statutes 2008, sections 62U.04,
subdivisions 3, 9; 256B.0754, subdivision 2; Laws 2007, chapter 147, article
12, section 14; repealing Minnesota Statutes 2009 Supplement, section 256B.032.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 131 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12160
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Emmer
The bill was repassed, as amended by the
Senate, and its title agreed to.
Madam Speaker:
I hereby announce that
the Senate has concurred in and adopted the report of the Conference Committee
on:
S. F. No. 271.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 271
A bill for
an act relating to state government; providing additional whistleblower
protection to state employees; amending Minnesota Statutes 2008, section
181.932, subdivision 1.
May 8, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 271 report that we have
agreed upon the items in dispute and recommend as follows:
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12161
That the
House recede from its amendment and that S. F. No. 271 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. [43A.015]
CLASSIFIED EMPLOYEE COMMUNICATIONS WITH DECISION MAKERS.
State
employees in the classified service are expected to provide objective
information in a timely manner to both executive and legislative decision
makers. State employees shall provide
assistance to legislative decision makers in a manner that is consistent with
the need to perform the employees' other duties. A classified state employee shall make a
good-faith effort to maintain the confidentiality of budget or policy
discussions with a member of the legislature or the member's staff person,
unless otherwise directed by that member or staff person. This section does not authorize or require an
employee to disclose data otherwise protected by law.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2008, section 181.932,
subdivision 1, is amended to read:
Subdivision
1. Prohibited
action. An employer shall not
discharge, discipline, threaten, otherwise discriminate against, or penalize an
employee regarding the employee's compensation, terms, conditions, location, or
privileges of employment because:
(1) the
employee, or a person acting on behalf of an employee, in good faith, reports a
violation or suspected violation of any federal or state law or rule adopted
pursuant to law to an employer or to any governmental body or law enforcement
official;
(2) the
employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;
(3) the
employee refuses an employer's order to perform an action that the employee has
an objective basis in fact to believe violates any state or federal law or rule
or regulation adopted pursuant to law, and the employee informs the employer
that the order is being refused for that reason;
(4) the
employee, in good faith, reports a situation in which the quality of health
care services provided by a health care facility, organization, or health care
provider violates a standard established by federal or state law or a
professionally recognized national clinical or ethical standard and potentially
places the public at risk of harm; or
(5) a
public employee communicates the findings of a scientific or technical study
that the employee, in good faith, believes to be truthful and accurate,
including reports to a governmental body or law enforcement official.;
or
(6) an
employee in the classified service of state government communicates information
that the employee, in good faith, believes to be truthful and accurate, and
that relates to state services, including the financing of state services to:
(i) a
legislator or the legislative auditor; or
(ii) a
constitutional officer.
The
disclosures protected pursuant to this section do not authorize the disclosure
of data otherwise protected by law.
EFFECTIVE DATE. This section
is effective the day following final enactment."
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12162
Delete the
title and insert:
"A bill
for an act relating to state government; establishing expectations for
classified employees as nonpartisan resources to all decision makers; providing
additional whistleblower protection to state employees; amending Minnesota
Statutes 2008, section 181.932, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 43A."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Mary Olson, D. Scott Dibble
and Warren Limmer.
House Conferees:
Diane Loeffler, Phyllis Kahn
and Tony Cornish.
Loeffler moved that the report of the
Conference Committee on S. F. No. 271 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
Speaker pro tempore Sertich called Juhnke to
the Chair.
S. F. No. 271,
A bill for an act relating to state government; providing additional
whistleblower protection to state employees; amending Minnesota Statutes 2008,
section 181.932, subdivision 1.
The bill was read for the third time, as amended
by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 90 yeas and 43 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12163
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Westrom
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce that
the Senate has concurred in and adopted the report of the Conference Committee
on:
S. F. No. 2505.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2505
A bill for
an act relating to child care; appropriating money to provide statewide child
care provider training, coaching, consultation, and supports to prepare for the
voluntary Minnesota quality rating system.
May 7, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the undersigned
conferees for S. F. No. 2505 report that we have agreed upon the
items in dispute and recommend as follows:
That the
Senate concur in the House amendments and that S. F. No. 2505 be
further amended as follows:
Page 6,
lines 21 and 22, delete "five-year-old children" and insert
"entering kindergarteners"
Page 6, line
35, after the period, insert "Work on this duty will begin in fiscal
year 2012."
Page 7, line
2, delete "2012" and insert "2013"
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Terri Bonoff, Geoff Michel
and Tom Saxhaug.
House Conferees:
Nora Slawik, Sandra Peterson
and Bud Nornes.
Slawik moved that the report of the
Conference Committee on S. F. No. 2505 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12164
S. F. No. 2505, A bill for
an act relating to child care; appropriating money to provide statewide child
care provider training, coaching, consultation, and supports to prepare for the
voluntary Minnesota quality rating system.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 103 yeas and 30 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Davids
Dean
Dettmer
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hackbarth
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Mack
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce that
the Senate has concurred in and adopted the report of the Conference Committee
on:
S. F. No. 2510.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12165
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2510
A bill for
an act relating to economic development; amending the definition of green
economy to include the concept of green chemistry; creating a fast-action
economic response team; expanding the Minnesota investment fund; removing a
grant program restriction; expanding loan program to veteran-owned small
businesses; creating the Minnesota Science and Technology Authority; providing
for a comparative study of state laws affecting small business start-ups;
modifying certain unemployment insurance administrative, benefit, and tax
provisions; protecting customers from injuries resulting from use of inflatable
play equipment; modifying labor and industry licensing and certain license fee
provisions; modifying enforcement requirements of the State Building Code;
modifying the requirements of the Manufactured Home Building Code; allowing
expedited rulemaking; providing for licensing and regulation of individuals
engaged in mortgage loan origination or mortgage loan business; providing for
licensing and regulation of appraisal management companies; providing for
property acquisition from petroleum tank fund proceeds; clarifying requirements
for granting additional cable franchises; regulating cadmium in children's
jewelry; regulating the sale and termination of portable electronics insurance;
authorizing amendments to a municipal comprehensive plan for affordable
housing; amending Iron Range resources provisions; requiring certain reports;
appropriating money; amending Minnesota Statutes 2008, sections 58.04,
subdivision 1; 58.08, by adding a subdivision; 58.09; 58.10, subdivision 1;
58.11; 60K.36, subdivision 2; 60K.38, subdivision 1; 82B.05, subdivision 5, by
adding a subdivision; 82B.06; 115C.08, subdivision 1; 116J.437, subdivision 1;
116J.8731, subdivisions 1, 4; 116J.996; 181.723, subdivision 5; 238.08,
subdivision 1; 268.035, subdivision 20; 268.046, subdivision 1; 268.051,
subdivisions 2, 5, 7; 268.07, as amended; 268.085, subdivision 9; 326B.106,
subdivision 9; 326B.133, subdivisions 1, 3, 8, 11, by adding subdivisions;
326B.16; 326B.197; 326B.33, subdivisions 18, 20, 21; 326B.42, by adding
subdivisions; 326B.44; 326B.46, as amended; 326B.47; 326B.475, subdivision 2;
326B.50, by adding subdivisions; 326B.54; 326B.55, as amended if enacted;
326B.56, as amended; 326B.805, subdivision 6; 326B.83, subdivisions 1, 3, 6;
326B.865; 326B.921, subdivisions 2, 4, 7; 326B.922; 326B.978, subdivision 2, by
adding a subdivision; 327.31, subdivision 17, by adding subdivisions; 327.32,
subdivision 1, by adding subdivisions; 327B.04, subdivision 2; 462.355,
subdivision 3; Minnesota Statutes 2009 Supplement, sections 58.06, subdivision
2; 60K.55, subdivision 2; 82B.05, subdivision 1; 115C.08, subdivision 4;
116J.8731, subdivision 3; 116L.20, subdivision 1; 268.035, subdivision 19a;
268.052, subdivision 2; 268.053, subdivision 1; 268.085, subdivision 1;
268.136, subdivision 1; 326B.33, subdivision 19; 326B.475, subdivision 4;
326B.49, subdivision 1; 326B.58; 326B.815, subdivision 1; 326B.86, subdivision
1; 326B.94, subdivision 4; 326B.986, subdivision 5; 327B.04, subdivisions 7,
7a, 8; 327B.041; Laws 2009, chapter 78, article 1, section 3, subdivision 2;
Laws 2010, chapter 216, section 58; proposing coding for new law in Minnesota
Statutes, chapters 60K; 116J; 184B; 325E; 326B; proposing coding for new law as
Minnesota Statutes, chapters 58A; 82C; 116W; repealing Minnesota Statutes 2008,
sections 116J.657; 326B.133, subdivisions 9, 10; 326B.37, subdivision 13;
326B.475, subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3,
4; 326B.976; 327.32, subdivision 4; 327C.07, subdivisions 3, 3a, 8; Minnesota
Statutes 2009 Supplement, sections 58.126; 326B.56, subdivision 4; Laws 2010,
chapter 215, article 9, section 3; Minnesota Rules, parts 1301.0500; 1301.0900;
1301.1100, subparts 2, 3, 4; 1350.7200, subpart 3; 1350.8000, subpart 2.
May 8, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2510 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 2510 be
further amended as follows:
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12166
Delete
everything after the enacting clause and insert:
"ARTICLE
1
EMPLOYMENT
AND ECONOMIC DEVELOPMENT
Section
1. Minnesota Statutes 2008, section
116J.437, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) For the purpose of this
section, the following terms have the meanings given.
(b) "Green
economy" means products, processes, methods, technologies, or services
intended to do one or more of the following:
(1)
increase the use of energy from renewable sources, including through achieving
the renewable energy standard established in section 216B.1691;
(2) achieve
the statewide energy-savings goal established in section 216B.2401, including
energy savings achieved by the conservation investment program under section
216B.241;
(3) achieve
the greenhouse gas emission reduction goals of section 216H.02, subdivision 1,
including through reduction of greenhouse gas emissions, as defined in section
216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through,
but not limited to, carbon capture, storage, or sequestration;
(4)
monitor, protect, restore, and preserve the quality of surface waters,
including actions to further the purposes of the Clean Water Legacy Act as
provided in section 114D.10, subdivision 1; or
(5) expand
the use of biofuels, including by expanding the feasibility or reducing the
cost of producing biofuels or the types of equipment, machinery, and vehicles
that can use biofuels, including activities to achieve the biofuels 25 by 2025
initiative in sections 41A.10, subdivision 2, and 41A.11; or
(6)
increase the use of green chemistry, as defined in section 116.9401.
For the
purpose of clause (3), "green economy" includes strategies that
reduce carbon emissions, such as utilizing existing buildings and other
infrastructure, and utilizing mass transit or otherwise reducing commuting for
employees.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. [116J.872]
RESPONSE TEAM.
(a) The
department shall operate a fast-action economic response team to contact and
work with businesses that are identified as being:
(1) at risk
for relocating or expanding outside the state; or
(2)
prospects for expansion or relocation within the state.
(b) The
fast-action response team must contact identified businesses within 24 hours.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12167
Sec. 3. Minnesota Statutes 2008, section 116J.8731,
subdivision 1, is amended to read:
Subdivision
1. Purpose. The Minnesota investment fund is created
to provide financial and technical assistance, through partnership with
communities, for the creation of new employment or to maintain existing
employment, and for business start-up, expansions, and retention. It shall accomplish these goals by the
following means:
(1)
creation or retention of permanent private-sector jobs in order to create
above-average economic growth consistent with environmental protection, which
includes investments in technology and equipment that increase productivity and
provide for a higher wage;
(2)
stimulation or leverage of private investment to ensure economic renewal and
competitiveness;
(3)
increasing the local tax base, based on demonstrated measurable outcomes, to
guarantee a diversified industry mix;
(4)
improving the quality of existing jobs, based on increases in wages or
improvements in the job duties, training, or education associated with those
jobs;
(5)
improvement of employment and economic opportunity for citizens in the region
to create a reasonable standard of living, consistent with federal and state
guidelines on low- to moderate-income persons; and
(6)
stimulation of productivity growth through improved manufacturing or new
technologies, including cold weather testing.
Sec. 4. Minnesota Statutes 2009 Supplement, section
116J.8731, subdivision 3, is amended to read:
Subd. 3. Eligible
expenditures. The money appropriated
for this section may be used to fund:
(1) fund
grants for infrastructure, loans, loan guarantees, interest buy-downs, and
other forms of participation with private sources of financing, provided that a
loan to a private enterprise must be for a principal amount not to exceed
one-half of the cost of the project for which financing is sought; and
(2) fund
strategic investments in renewable energy market development, such as low
interest loans for renewable energy equipment manufacturing, training grants to
support renewable energy workforce, development of a renewable energy supply
chain that represents and strengthens the industry throughout the state, and
external marketing to garner more national and international investment into
Minnesota's renewable sector. Expenditures
in external marketing for renewable energy market development are not subject
to the limitations in clause (1); and
(3) provide
private entrepreneurs with training, other technical assistance, and financial
assistance, as provided in the small cities development block grant program.
Sec. 5. Minnesota Statutes 2008, section 116J.8731,
subdivision 4, is amended to read:
Subd. 4. Eligible
projects. Assistance must be
evaluated on the existence of the following conditions:
(1)
creation of new jobs, retention of existing jobs, or improvements in the
quality of existing jobs as measured by the wages, skills, or education
associated with those jobs;
(2)
increase in the tax base;
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
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(3) the
project can demonstrate that investment of public dollars induces private
funds;
(4) the
project can demonstrate an excessive public infrastructure or improvement cost
beyond the means of the affected community and private participants in the
project;
(5) the
project provides higher wage levels to the community or will add value to
current workforce skills;
(6) the
project supports the development of microenterprises, as defined by federal
statutes, through financial assistance, technical assistance, advice, or
business services;
(7) whether
assistance is necessary to retain existing business;
(7) (8) whether
assistance is necessary to attract out-of-state business; and
(8) (9) the project
promotes or advances the green economy as defined in section 116J.437.
A grant or
loan cannot be made based solely on a finding that the conditions in clause (6)
(7) or (7) (8) exist.
A finding must be made that a condition in clause (1), (2), (3), (4), or
(5), or (6) also exists.
Applications
recommended for funding shall be submitted to the commissioner.
Sec. 6. Minnesota Statutes 2008, section 116J.996, is
amended to read:
116J.996 MILITARY RESERVIST
ECONOMIC INJURY AND VETERAN-OWNED SMALL BUSINESS LOANS.
Subdivision
1. Definitions. (a) The definitions in this subdivision
apply to this section.
(b)
"Active service" has the meaning given in section 190.05.
(c)
"Commissioner" means the commissioner of employment and economic
development.
(d)
"Eligible business" means a small business, as defined in section
645.445, that was operating in Minnesota on the date a military reservist
received orders for active service.
(e)
"Essential employee" means a military reservist who is an owner or employee
of an eligible business and whose managerial or technical expertise is critical
to the day-to-day operation of the eligible business.
(f)
"Military reservist" means a member of the reserve component of the
armed forces.
(g)
"Reserve component of the armed forces" has the meaning given it in
United States Code, title 10, section 101(c).
(h)
"Substantial economic injury" means an economic harm to an eligible
business that results in the inability of the eligible business to:
(1) meet its
obligations as they mature;
(2) pay its
ordinary and necessary operating expenses; or
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
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(3)
manufacture, produce, market, or provide a product or service ordinarily
manufactured, produced, marketed, or provided by the eligible business.
(i)
"Veteran-owned small business" means a small business, as defined in
section 645.445, that is majority-owned and operated by a recently separated
veteran.
Subd. 2. Loan
program. The commissioner may make
onetime, interest-free loans of up to $20,000 per borrower to:
(1) eligible
businesses that have sustained or are likely to sustain substantial economic
injury as a result of the call to active service for 180 days or more of an
essential employee; or
(2)
recently separated veterans who are veterans as defined in section 197.447, and
have served in active military service, at any time on or after September 11,
2001, to start a veteran-owned small business.
Loans for
economic injury must be made for the purpose of preventing, remedying, or
ameliorating the substantial economic injury.
Subd. 3. Revolving
loan account. The commissioner shall
use money appropriated for the purpose to establish a revolving loan
account. All repayments of loans made
under this section must be deposited into this account. Interest earned on money in the account
accrues to the account. Money in the
account is appropriated to the commissioner for purposes of the loan program
created in this section, including costs incurred by the commissioner to
establish and administer the program.
Subd. 4. Rules. Using the expedited rulemaking procedures
of section 14.389, the commissioner shall develop and publish expedited rules
for loan applications, use of funds, needed collateral, terms of loans, and
other details of military reservist economic injury and veteran-owned small
business loans.
Sec. 7. Minnesota Statutes 2008, section 116L.665,
subdivision 3, is amended to read:
Subd. 3. Purpose;
duties. The governor's Workforce
Development Council shall replace the governor's Job Training Council and
assume all of its requirements, duties, and responsibilities under the
Workforce Investment Act. Additionally,
the Workforce Development Council shall assume the following duties and
responsibilities:
(a) Review
the provision of services and the use of funds and resources under applicable
federal human resource programs and advise the governor on methods of
coordinating the provision of services and the use of funds and resources
consistent with the laws and regulations governing the programs. For purposes of this section, applicable
federal and state human resource programs mean the:
(1)
Workforce Investment Act, United States Code, title 29, section 2911, et seq.;
(2) Carl D.
Perkins Vocational and Applied Technology Education Act, United States Code,
title 20, section 2301, et seq.;
(3) Adult
Education Act, United States Code, title 20, section 1201, et seq.;
(4)
Wagner-Peyser Act, United States Code, title 29, section 49;
(5)
Personal Responsibility and Work Opportunities Act of 1996 (TANF);
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12170
(6) Food Stamp Act of 1977,
United States Code, title 7, section 6(d)(4), Food Stamp Employment and
Training Program, United States Code, title 7, section 2015(d)(4); and
(7) programs defined in
section 116L.19, subdivision 5.
Additional federal and state
programs and resources can be included within the scope of the council's duties
if recommended by the governor after consultation with the council.
(b) Review federal, state,
and local education, postsecondary, job skills training, and youth employment
programs, and make recommendations to the governor and the legislature for
establishing an integrated seamless system for providing education and work
skills development services to learners and workers of all ages.
(c) Advise the governor on
the development and implementation of statewide and local performance standards
and measures relating to applicable federal human resource programs and the
coordination of performance standards and measures among programs.
(d) Promote education and
employment transitions programs and knowledge and skills of entrepreneurship
among employers, workers, youth, and educators, and encourage employers to
provide meaningful work-based learning opportunities;
(e) Evaluate and identify
exemplary education and employment transitions programs and provide technical
assistance to local partnerships to replicate the programs throughout the
state.
(f) Advise the governor on
methods to evaluate applicable federal human resource programs.
(g) Sponsor appropriate
studies to identify human investment needs in Minnesota and recommend to the
governor goals and methods for meeting those needs.
(h) Recommend to the
governor goals and methods for the development and coordination of a human
resource system in Minnesota.
(i) Examine federal and
state laws, rules, and regulations to assess whether they present barriers to
achieving the development of a coordinated human resource system.
(j) Recommend to the
governor and to the federal government changes in state or federal laws, rules,
or regulations concerning employment and training programs that present
barriers to achieving the development of a coordinated human resource system.
(k) Recommend to the
governor and to the federal government waivers of laws and regulations to
promote coordinated service delivery.
(l) Sponsor appropriate
studies and prepare and recommend to the governor a strategic plan which
details methods for meeting Minnesota's human investment needs and for
developing and coordinating a state human resource system.
(m) Provide the commissioner
of employment and economic development and the committees of the legislature
with responsibility for economic development with recommendations provided to
the governor under this subdivision.
(n) In consultation with
local workforce councils and the Department of Employment and Economic
Development, develop an ongoing process to identify and address local gaps in
workforce services.
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Sec. 8. Minnesota Statutes 2008, section 116L.665,
subdivision 6, is amended to read:
Subd. 6. Staffing. The Department of Employment and Economic
Development must provide staff support, including but not limited to professional,
technical, and clerical staff necessary to perform the duties assigned to
the Minnesota Workforce Development Council.
The support includes professional, technical, and clerical staff
necessary to perform the duties assigned to the Workforce Development
Council. All staff report to the
commissioner. The council may ask
for assistance from other units of state government as it requires in order to
fulfill its duties and responsibilities.
Sec. 9. Minnesota Statutes 2008, section 116L.665, is
amended by adding a subdivision to read:
Subd. 8. Funding. The commissioner shall develop
recommendations on a funding formula for allocating Workforce Investment Act
funds to the council with a minimum allocation of $350,000 per year. The commissioner shall report the funding
formula recommendations to the legislature by January 15, 2011.
Sec. 10. [116L.98]
WORKFORCE PROGRAM OUTCOMES.
The
commissioner shall develop and implement a set of standard approaches for
assessing the outcomes of workforce programs under this chapter. The outcomes assessed must include, but are
not limited to, periodic comparisons of workforce program participants and
nonparticipants.
The
commissioner shall also monitor the activities and outcomes of programs and
services funded by legislative appropriations and administered by the
department on a pass-through basis and develop a consistent and equitable
method of assessing recipients for the costs of its monitoring activities.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 11. [116W.01]
MINNESOTA SCIENCE AND TECHNOLOGY AUTHORITY ACT.
This
chapter may be cited as the "Minnesota Science and Technology Authority
Act."
Sec. 12. [116W.02]
DEFINITIONS.
Subdivision
1. Applicability. For
the purposes of this chapter, the terms in this section have the meanings given
them.
Subd. 2. Authority. "Authority" means the
Minnesota Science and Technology Authority.
Subd. 3. Eligible
recipient. "Eligible
recipient" means an entity primarily operating to create and retain jobs
in the state's industrial base and maximize the economic growth of the state
through:
(1)
high-technology research and development capabilities;
(2) product
and process innovation and commercialization;
(3)
high-technology manufacturing capabilities;
(4) science
and technology business environment; or
(5) science
and technology workforce preparation.
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Subd. 4. Advisory
commission. "Advisory
commission" means the advisory commission under section 116W.051.
Sec. 13. [116W.03]
MINNESOTA SCIENCE AND TECHNOLOGY AUTHORITY.
Subdivision
1. Membership. The
Minnesota Science and Technology Authority consists of the commissioner of
employment and economic development, the commissioner of management and budget,
the commissioner of revenue, the commissioner of commerce, and the commissioner
of agriculture.
Subd. 2. Chair;
other officers. The
commissioner of employment and economic development shall serve as the chair
and chief executive officer of the authority.
The authority shall rotate the position of vice chair annually among its
members. The commissioner of employment
and economic development shall convene the first meeting of the authority no
later than July 1, 2010. In the absence
of the chair or vice chair at meetings of the authority members may elect a
chair for the meeting, and may elect other officers as necessary from its
members.
Subd. 3. Delegation. In addition to any powers to delegate
that members of the authority have as commissioners, they may delegate to the
chair, vice chair, or executive director their responsibilities as members of
the authority for reviewing and approving financing of eligible projects,
projects that have been authorized by law, or programs specifically authorized
by resolution of the authority.
Subd. 4. Actions. (a) A majority of the authority, excluding
vacancies, constitutes a quorum to conduct its business, to exercise its
powers, and for all other purposes.
(b) The
authority may conduct its business by any technological means available,
including teleconference calls or interactive video, that allows for an
interaction between members. If a
meeting is conducted under this paragraph, a specific location must be
available for the public to attend the meeting and at least one member must be
present at that location.
Subd. 5. Executive
director; staffing. The
authority shall employ an executive director in the unclassified service. The initial executive director must be the
individual in the position of director of the Office of Science and Technology
as of January 1, 2010, under section 116J.657.
The executive director is responsible for hiring staff necessary to
assist the executive director to carry out the duties and responsibilities of
the authority. The executive director
shall perform duties that the authority may require in carrying out its
responsibilities to manage and implement the funds and programs in this
chapter, and comply with all state and federal program requirements, and state
and federal securities and tax laws and regulations. The executive director shall assist the advisory
board in fulfilling its duties under this chapter.
Subd. 6. Administrative
services. The authority shall
enter into agreements for administrative and professional services and
technical support.
Subd. 7. Expiration. This section expires June 30,
2018. Section 15.059, subdivision 5,
does not apply to the authority.
Sec. 14. [116W.04]
POWERS AND DUTIES.
Subdivision
1. Duties. The
Science and Technology Authority shall:
(1)
coordinate public and private efforts to procure federal funding for
collaborative research and development projects of primary benefit to
small-sized and medium-sized businesses;
Journal of the House - 102nd
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(2) promote contractual
relationships between Minnesota businesses that are recipients of federal
grants and prime contractors, and Minnesota-based subcontractors;
(3) work with Minnesota
nonprofit institutions including the University of Minnesota, Minnesota State
Colleges and Universities, and the Mayo Clinic in promoting collaborative
efforts to respond to federal funding opportunities;
(4) develop a framework for
Minnesota companies to establish sole-source relationships with federal agencies;
(5) provide grants or other
forms of financial assistance to eligible recipients for purposes of this
chapter;
(6) coordinate workshops,
assistance with business proposals, licensing, intellectual property
protection, commercialization, and government auditing with the University of
Minnesota and Minnesota State Colleges and Universities; and
(7) develop and implement a
comprehensive science and technology economic development strategy for the
state.
Subd. 2. Technology
matchmaking. The authority
must assist businesses in identifying qualified suppliers and vendors through a
program to serve as a conduit for Minnesota-based companies to network with
firms able to support their success.
Firms outside Minnesota can participate in the technology matchmaking
network if one of the participating companies is located in Minnesota.
Subd. 3. Commercialization
assistance. The authority
must provide commercialization assistance to Minnesota firms that have received
a Phase I Small Business Innovation Research (SBIR) or a Phase I Small Business
Technology Transfer (STTR) award and are submitting a Phase II proposal. Local service providers must assist the
applicant with developing and reviewing the required commercialization plan
prior to Phase II submission. The
authority may provide SBIR Phase I proposal technical review.
Subd. 4. Power
to sue; enter contracts. The
authority may sue and be sued. The
authority may make and enter into contracts, leases, and agreements necessary
to perform its duties and exercise its powers.
Subd. 5. Gifts;
grants. The authority may
apply for, accept, and disburse gifts, grants, loans, or other property from
the United States, the state, private sources, or any other source for any of
its purposes. Money received by the
authority under this subdivision must be deposited in the state treasury and is
appropriated to the authority to carry out its duties.
Subd. 6. Contract
for services. The authority
may retain or contract for the services of accountants, financial advisors, and
other consultants or agents needed to perform its duties and exercise its
powers.
Subd. 7. Fees. The authority may set and collect fees
for costs incurred by the authority, the Department of Employment and Economic
Development, the Department of Management and Budget, the Department of
Revenue, the Department of Commerce, the Department of Labor and Industry, and
the Department of Agriculture, including costs for personnel, professional, and
administrative services.
Subd. 8. Reports. (a) The authority shall report by
February 1 each year to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over finance and
economic development on its progress to design, coordinate, and administer a
strategic science and technology program for the state to promote the welfare
of the people of the state, maximize the economic growth of the state, and
create and retain jobs in the state's industrial base through enhancement of
Minnesota's:
(1) high-technology research
and development capabilities;
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(2) product
and process innovation and commercialization;
(3)
high-technology manufacturing capabilities;
(4) science
and technology business environment; and
(5) science
and technology workforce preparation.
(b) The report
must include a complete operating and financial statement covering the
authority's operations during the year, including amounts of income from all
sources. Books and records of the
authority are subject to audit by the legislative auditor in the manner
prescribed for state agencies.
Subd. 9. Consultative
and technical services. The
authority may provide general consultative and technical services to assist
eligible projects and enter into agreements or other transactions concerning
the receipt or provision of those services.
Subd. 10. Financial
information. Financial
information, including credit reports, financial statements, and net worth
calculations, received or prepared by the authority regarding financial
assistance, is private data with regard to data on individuals as defined in
section 13.02, subdivision 12, and nonpublic data with regard to data not on
individuals as defined in section 13.02, subdivision 9.
Subd. 11. General. The authority shall have all powers
necessary and appropriate to fulfill its responsibilities under this
chapter.
Sec. 15. [116W.05]
PROJECT FINANCIAL ASSISTANCE.
Subdivision
1. Determination of financial assistance. The authority shall assist eligible
recipients in identifying grants or other sources of financial assistance
available to finance projects and may assist eligible recipients in applying
for and obtaining grants and other forms of assistance.
Subd. 2. Financial
feasibility review. (a) The
authority shall review the proposed financing for each project submitted to the
authority to determine whether: (1) the
proposed project and financing plan is an eligible use of the money; and (2)
the proposal is in compliance with applicable state and federal tax and
securities laws and regulations. Grants
in excess of $50,000 must be approved by the authority. Grants of $50,000 or less may be authorized
by the executive director. All grant
approvals or disapprovals must be completed within 30 days of submission to the
authority. Grants approved by the
executive director must be reviewed by the authority each month.
(b) Unless a
project is specifically authorized by law, the authority may reject the
proposed financing for a project meeting the requirements in paragraph (a) if
there are not sufficient funds available or if a majority of members believe
the financing of the project would not be in the best interests of the state or
would be detrimental to the authority's funds or programs. A determination to reject a proposed project
must not be made in an arbitrary and capricious manner and must be supported by
substantive evidence and documented by a resolution of the authority stating
its findings.
Sec. 16. [116W.051]
ADVISORY COMMISSION.
Subdivision
1. Advisory commission membership.
A Science and Technology Initiative Advisory Commission of 18
members is established and is comprised of:
(1) two
representatives of the University of Minnesota, selected by the president of
the university, including a faculty member actively involved in science and
technology research;
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(2) two
representatives of the Minnesota State Colleges and Universities, selected by
the chancellor, including a faculty member actively involved in science and
technology research;
(3) the
chief executive officer of Mayo Clinic or a designee;
(4) six
chief executive officers or designees from science-oriented or
technology-oriented companies;
(5) four representatives
from science-oriented and technology-oriented organizations;
(6) one
representative of organized labor;
(7) a
venture capital representative; and
(8) a
representative of angel investors.
A member
must have experience in science or technology in order to serve on the
commission.
Members of
the commission listed in clauses (4) to (8) shall be appointed by the
authority.
Subd. 2. Advisory
commission duties. The
advisory commission must assist the authority in developing a comprehensive science
and technology economic development plan to be presented to the chairs and
ranking minority members of the legislative committees and divisions with
jurisdiction over economic development and higher education by January 15,
2011. The plan must include
recommendations in strategic areas for science and technology investments,
recommendations on additional programs to support science and technology
focused economic development activities in the state, selection of specific
programs and grantees for support from program funds authorized by the advisory
commission and ongoing assessment of the effectiveness of programmatic elements
according to metrics to be developed by the authority in consultation with the
advisory commission. The advisory
commission may also advise and assist the authority in fulfilling its duties
under section 116W.04.
Subd. 3. Membership
terms; vacancies; compensation. The
membership terms, removal of members, and filling of vacancies are as provided
under section 15.059. The executive
director may provide compensation to members if funds are available.
Subd. 4. Expiration. The advisory commission expires June
30, 2013.
Subd. 5. Convening
of meetings; staffing. The executive
director of the authority must convene the first meeting of the commission by
August 1, 2010. The executive director
must provide administrative support and staff to the commission.
Sec. 17. [116W.20]
MONEY OF THE AUTHORITY.
Subdivision
1. Functions of commissioner of management and budget. Except as otherwise provided in this
section, money of the authority must be paid to the commissioner of management
and budget as agent of the authority and the commissioner shall not commingle the
money with other money. The money in the
accounts of the authority must be paid out only on warrants drawn by the
commissioner of management and budget on requisition of the executive director
of the authority or of another officer or employee as the authority
authorizes. Deposits of the authority's
money must, if required by the commissioner or the authority, be secured by
obligations of the United States or of the state of a market value equal at all
times to the amount of the deposit and all banks and trust companies are
authorized to give security for the deposits.
All money paid to the commissioner as agent of the authority is
appropriated to the authority. The
commissioner must annually report to the committees of the legislature with
responsibility for economic development and management and budget on the use of
appropriations under this section.
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Subd. 2. System
of accounts. The commissioner
of management and budget shall prescribe a system of accounts.
Sec. 18. [116W.21]
NONLIABILITY.
Subdivision
1. Nonliability of individuals.
No member of the authority, staff of the authority, or other
person executing other agreements or contracts of the authority is liable
personally or is subject to any personal liability or accountability by reason
of their issuance, execution, delivery, or performance.
Subd. 2. Nonliability
of state. The state is not
liable on loans or other agreements or contracts of the authority issued or
entered into under this chapter and the loans or other agreements or contracts
of the authority are not a debt of the state.
The loans or other agreements or contracts of the authority must contain
on their face a statement to that effect.
Sec. 19. [116W.23]
STATE PLEDGE AGAINST IMPAIRMENT OF CONTRACTS.
The state
pledges and agrees with parties to any loans or other agreements or contracts
of the authority that the state will not:
(1) limit or alter the rights vested in the authority to fulfill the
terms of any agreements made with the parties to any loans or other agreements
or contracts of the authority; or (2) in any way impair the rights and remedies
of the parties to any loans or other agreements or contracts of the
authority. The authority may include
this pledge and agreement of the state in any agreement with the parties in any
loans or other agreements or contracts of the authority.
Sec. 20. [116W.24]
RESERVES; FUNDS; ACCOUNTS.
The
authority may establish reserves, funds, or accounts necessary to carry out the
purposes of the authority or to comply with any agreement made by or any
resolution passed by the authority.
Sec. 21. Minnesota Statutes 2008, section 136F.06, is
amended by adding a subdivision to read:
Subd. 4. Workforce
focus. The board must
identify colleges offering flexible academic programs that accommodate the
needs of laid-off workers and assist its other institutions in determining
whether to offer similar programs.
Colleges must increase the number of certificate programs available to
meet the needs of unemployed Minnesotans.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2008, section 363A.42, as
added by Laws 2010, chapter 271, section 2, is amended to read:
363A.42 PUBLIC RECORDS; ACCESSIBILITY.
Subdivision
1. Definitions. For purposes of this section,
"records" means any publicly available recorded information
that is collected, created, received, maintained or disseminated by the
executive, judicial or legislative branches of the state, the Minnesota State
Colleges and Universities, the University of Minnesota, cities, towns,
counties, school districts and all other political subdivisions of the state,
regardless of physical form or method of storage.
Subd. 2. Accessibility. All Upon request by an
individual, records must be made available within a reasonable
time period to persons with disabilities in a manner consistent with state
and federal laws prohibiting discrimination against persons with
disabilities. Reasonable modifications
must be made in any policies, practices and procedures that might otherwise
deny equal access to records to individuals with disabilities.
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Subd. 2a. Exemptions. Notwithstanding any law to the contrary
except Laws 2009, chapter 131, this section does not apply to: (1) technology procured or developed prior to
January 1, 2013, unless substantially modified or substantially enhanced after
January 1, 2013; or (2) records that cannot be reasonably modified to be
accessible without an undue burden as defined in section 16E.015, subdivision
4, to the public entity.
Subd. 3. Penalties. Violation of this section is subject to a
penalty of $500 per violation, plus reasonable attorney fees, costs and
disbursements, payable to a qualified disabled person under section 363A.03,
subdivision 36, who sought the accessible record under subdivision 2, by
the public entity in violation of this section.
The total amount of penalties payable to any individual or class
regardless of the number of violations is limited to $15,000. In any class action or series of class
actions which arise from a violation of this section, the amount of attorney
fees awarded against the violating public entity may not exceed $15,000. Any action must be commenced within one year
of the occurrence of the alleged violation.
Sec. 23. Minnesota Statutes 2008, section 363A.43, as
added by Laws 2010, chapter 271, section 3, is amended to read:
363A.43 CONTINUING EDUCATION; ACCESSIBILITY.
Subdivision 1. Accessibility. Any Upon request by an
individual, any continuing education or professional development course,
offering, material or activity approved or administered by the state, political
subdivisions of the state, the University of Minnesota or the Minnesota State
Colleges and Universities, must be made available within a reasonable
time period to persons with disabilities in a manner consistent with state
and federal laws prohibiting discrimination against persons with
disabilities. Reasonable modifications
must be made in any policies, practices and procedures that might otherwise
deny equal access to continuing education or professional development to
individuals with disabilities.
Subd. 2. Penalties. Violation of this section is subject to a
penalty of $500 per violation, plus reasonable attorney fees, costs and
disbursements, payable to a qualified disabled person under section 363A.03,
subdivision 36, who sought the accessible format under subdivision 1, by
the public entity or the entity offering the course, material, or activity
under a contract with a public entity. The
total amount of penalties payable to any individual or class regardless of the
number of violations is limited to $15,000.
In any class action or series of class actions which arise from a
violation of this section, the amount of attorney fees awarded against the
violating public entity may not exceed $15,000.
Any action must be commenced within one year of the occurrence of the
alleged violation.
Sec. 24. Minnesota Statutes 2008, section 462.355,
subdivision 3, is amended to read:
Subd. 3. Adoption
by governing body. A proposed
comprehensive plan or an amendment to it may not be acted upon by the governing
body until it has received the recommendation of the planning agency or until
60 days have elapsed from the date an amendment proposed by the governing body
has been submitted to the planning agency for its recommendation. Unless otherwise provided by charter, the
governing body may by resolution by a two-thirds vote of all of its members
adopt and amend the comprehensive plan or portion thereof as the official
municipal plan upon such notice and hearing as may be prescribed by
ordinance. Except for amendments to
permit affordable housing development, a resolution to amend or adopt a
comprehensive plan must be approved by a two-thirds vote of all of the
members. Amendments to permit an
affordable housing development are approved by a simple majority of all of the
members. For purposes of this
subdivision, "affordable housing development" means a development in
which at least 20 percent of the residential units are restricted to occupancy
for at least ten years by residents whose household income at the time of
initial occupancy does not exceed 60 percent of area median income, adjusted
for household size, as determined by the United States Department of Housing
and Urban Development, and with respect to rental units, the rents for
affordable units do not exceed 30 percent of 60 percent of area median income,
adjusted for household size, as determined annually by the United States
Department of Housing and Urban Development.
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Sec. 25. Minnesota Statutes 2008, section 469.1082,
subdivision 5, is amended to read:
Subd. 5. Area
of operation. The area of operation
of a county economic development service provider created under this section
shall include all cities and townships within a county that have adopted
resolutions electing to participate. A
city or township may adopt a resolution electing to withdraw
participation. The withdrawal election
may be made every fifth year following adoption of the resolution electing
participation. The withdrawal election
is effective on the anniversary date of the original resolution provided notice
is given to the county economic development authority not less than 90 nor more
than 180 days prior to that anniversary date.
The city or township electing to withdraw retains any rights,
obligations, and liabilities it obtained or incurred during its
participation. Any city or township within
the county shall have the option to adopt a resolution to prohibit the county
economic development service provider created under this section from operating
within its boundaries and (1) within an agreed upon urban service area, or (2)
within the distance approved in the committee report referenced in subdivision
3. If a city or township prohibits
a county economic development service provider created under this section from
operating within its boundaries, the city's or township's property
taxpayers shall not be subject to the property tax levied for the county
economic development service provider.
Sec. 26. Minnesota Statutes 2008, section 471.59,
subdivision 10, is amended to read:
Subd. 10. Services
performed by governmental units; commonality of powers. Notwithstanding the provisions of
subdivision 1 requiring commonality of powers between parties to any agreement,
the governing body of any governmental unit as defined in subdivision 1 may
enter into agreements with any other governmental unit to perform on behalf of
that unit any service or function which the governmental unit providing the
service or function is authorized to provide for itself. If the agreement has the effect of
eliminating or replacing a public employee who is part of a collective
bargaining agreement represented by an exclusive representative, and there is
no provision in the collective bargaining agreement detailing the effect of the
action on the affected public employee, negotiations on the effects to the
employee of the job elimination or restructuring must be conducted between the
exclusive representative and the employer.
Sec. 27. Laws 2009, chapter 78, article 1, section 3,
subdivision 2, is amended to read:
Subd. 2. Business and Community Development 8,980,000 8,980,000
Appropriations by Fund
General 7,941,000 7,941,000
Remediation 700,000 700,000
Workforce Development 339,000 339,000
(a) $700,000 the first year and $700,000 the second
year are from the remediation fund for contaminated site cleanup and
development grants under Minnesota Statutes, section 116J.554. This appropriation is available until
expended.
(b) $200,000 each year is from the general fund for
a grant to WomenVenture for women's business development programs and for
programs that encourage and assist women to enter nontraditional careers in the
trades; manual and technical occupations; science, technology, engineering, and
mathematics-related occupations; and green jobs. This appropriation may be
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matched dollar for dollar with any resources
available from the federal government for these purposes with priority given to
initiatives that have a goal of increasing by at least ten percent the number
of women in occupations where women currently comprise less than 25 percent of
the workforce. The appropriation is
available until expended.
(c) $105,000
each year is from the general fund and $50,000 each year is from the workforce
development fund for a grant to the Metropolitan Economic Development
Association for continuing minority business development programs in the
metropolitan area. This appropriation
must be used for the sole purpose of providing free or reduced fee business
consulting services to minority entrepreneurs and contractors.
(d)(1)
$500,000 each year is from the general fund for a grant to BioBusiness Alliance
of Minnesota for bioscience business development programs to promote and
position the state as a global leader in bioscience business activities. This appropriation is added to the
department's base. These funds may be
used to create, recruit, retain, and expand biobusiness activity in Minnesota;
implement the destination 2025 statewide plan; update a statewide assessment of
the bioscience industry and the competitive position of Minnesota-based
bioscience businesses relative to other states and other nations; and develop
and implement business and scenario-planning models to create, recruit, retain,
and expand biobusiness activity in Minnesota.
(2) The
BioBusiness Alliance must report each year by February 15 to the committees of the
house of representatives and the senate having jurisdiction over bioscience
industry activity in Minnesota on the use of funds; the number of bioscience
businesses and jobs created, recruited, retained, or expanded in the state
since the last reporting period; the competitive position of the biobusiness
industry; and utilization rates and results of the business and
scenario-planning models and outcomes resulting from utilization of the
business and scenario-planning models.
(e)(1) Of
the money available in the Minnesota Investment Fund, Minnesota Statutes,
section 116J.8731, to the commissioner of the Department of Employment and
Economic Development, up to $3,000,000 is appropriated in fiscal year 2010 for
a loan to an aircraft manufacturing and assembly company, associated with the
aerospace industry, for equipment utilized to establish an aircraft completion
center at the Minneapolis-St. Paul International Airport. The finishing center must use the state's
vocational training programs designed specifically for aircraft maintenance
training, and to the extent possible, work to recruit employees from these
programs. The center must create at
least 200 new manufacturing jobs within 24 months of receiving the loan, and
create not less than 500 new manufacturing jobs over a five-year period in
Minnesota.
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(2) This
loan is not subject to loan limitations under Minnesota Statutes, section
116J.8731, subdivision 5. Any match
requirements under Minnesota Statutes, section 116J.8731, subdivision 3, may be
made from current resources. This is a
onetime appropriation and is effective the day following final enactment.
(f) $65,000
each year is from the general fund for a grant to the Minnesota Inventors
Congress, of which at least $6,500 must be used for youth inventors.
(g) $200,000
the first year and $200,000 the second year are for the Office of Science and
Technology. This is a onetime
appropriation.
(h) $500,000
the first year and $500,000 the second year are for a grant to Enterprise
Minnesota, Inc., for the small business growth acceleration program under
Minnesota Statutes, section 116O.115.
This is a onetime appropriation and is available until expended.
(i)(1)
$100,000 each year is from the workforce development fund for a grant under
Minnesota Statutes, section 116J.421, to the Rural Policy and Development
Center at St. Peter, Minnesota. The
grant shall be used for research and policy analysis on emerging economic and
social issues in rural Minnesota, to serve as a policy resource center for
rural Minnesota communities, to encourage collaboration across higher education
institutions, to provide interdisciplinary team approaches to research and
problem-solving in rural communities, and to administer overall operations of
the center.
(2) The
grant shall be provided upon the condition that each state-appropriated dollar
be matched with a nonstate dollar.
Acceptable matching funds are nonstate contributions that the center has
received and have not been used to match previous state grants. Any funds not spent the first year are
available the second year.
(j)
Notwithstanding Minnesota Statutes, section 268.18, subdivision 2, $414,000 of
funds collected for unemployment insurance administration under this
subdivision is appropriated as follows:
$250,000 to Lake County for ice storm damage; $64,000 is for the city of
Green Isle for reimbursement of fire relief efforts and other expenses incurred
as a result of the fire in the city of Green Isle; and $100,000 is to develop
the construction mitigation pilot program to make grants for up to five
projects statewide available to local government units to mitigate the
impacts of transportation construction on local small business. These are onetime appropriations and are
available until expended.
(k) Up to
$10,000,000 is appropriated from the Minnesota minerals 21st century fund to
the commissioner of Iron Range resources and rehabilitation to make a grant or
forgivable loan to a manufacturer
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of windmill
blades at a facility to be located within the taconite tax relief area defined
in Minnesota Statutes, section 273.134. Of
this amount, $2,000,000 is for a grant to the Mountain Iron Economic
Development Authority for renewable energy projects.
(l)
$1,000,000 is appropriated from the Minnesota minerals 21st century fund to the
Board of Trustees of the Minnesota State Colleges and Universities for a grant
to the Northeast Higher Education District for planning, design, and
construction of classrooms and housing facilities for upper division students
in the engineering program.
(m)(1)
$189,000 each year is appropriated from the workforce development fund for
grants of $63,000 to eligible organizations each year to assist in the
development of entrepreneurs and small businesses. Each state grant dollar must be matched with
$1 of nonstate funds. Any balance in the
first year does not cancel but is available in the second year.
(2) Three
grants must be awarded to continue or to develop a program. One grant must be awarded to the Riverbend
Center for Entrepreneurial Facilitation in Blue Earth County, and two to other
organizations serving Faribault and Martin Counties. Grant recipients must report to the
commissioner by February 1 of each year that the organization receives a grant
with the number of customers served; the number of businesses started,
stabilized, or expanded; the number of jobs created and retained; and business
success rates. The commissioner must
report to the house of representatives and senate committees with jurisdiction
over economic development finance on the effectiveness of these programs for
assisting in the development of entrepreneurs and small businesses.
Sec. 28. REPORT ON AT-RISK BUSINESSES; CREATION
OF FAST-ACTION ECONOMIC RESPONSE TEAM.
Not later than 30 days after the effective date of this
section, the commissioner of employment and economic development shall submit
to the chairs and ranking minority members of the senate and house of
representatives committees with primary jurisdiction over jobs and employment
and economic development a report that identifies retention methods the department
currently uses, and retention methods the department could use in the future,
to identify businesses at risk for relocation or expansion outside of this
state. The report must also include a
proactive plan to identify businesses outside of this state that are seeking to
relocate or expand, or that could be encouraged to relocate or expand through
the use of incentives. In developing the
plan, the commissioner shall collaborate with economic development stakeholders
from state government, business, and nongovernmental organizations.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 29. CUSTOMER SERVICE.
(a) The commissioner of employment and economic
development, in consultation with workforce service area staff, must, as soon
as practical, develop and implement processes and procedures to ensure that
unemployed Minnesotans who go to a workforce center are provided, to the
fullest extent possible, seamless assistance in applying for unemployment
benefits, accessing resource room resources, searching for jobs, accessing
training and other services available to unemployed workers, and receiving
answers to questions about unemployment insurance.
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(b) The actions taken to
comply with paragraph (a) must include, at a minimum, the implementation of a
procedure by which unemployed Minnesotans may receive, at their option,
face-to-face consultation and assistance in their local workforce center on
applying for unemployment benefits, accessing resource room resources,
searching for jobs, accessing training and other services available to
unemployed workers, and receiving answers to questions about unemployment
insurance.
(c) The commissioner is
authorized and encouraged to maximize the use of existing employees and federal
dollars to accomplish paragraph (a), including, but not limited to, paying
portions of existing employees' salaries from more than one source of funding,
ensuring that employees are cross-trained to perform functions beyond that
required by paragraph (b) when such employees are stationed in workforce
centers, and implementing need-based scheduling of employees to ensure that
each workforce center is adequately staffed during peak demand hours for the
services contemplated by paragraph (a).
(d) By September 1, 2010,
the commissioner must provide an initial written report to the chairs and
ranking minority members of the standing committees of the senate and house of
representatives having jurisdiction over economic and workforce development
issues on the actions taken under paragraph (a) and the result of those
actions. The report must include
detailed information on new additional resources provided by the department to
ensure that the issues in paragraph (a) are addressed. A second report with updated information must
be provided to the chairs and ranking minority members of the standing
committees of the senate and house of representatives having jurisdiction over
economic and workforce development issues by January 15, 2011.
EFFECTIVE DATE. This section is effective the day following final
enactment and expires August 31, 2011.
Sec. 30. WORKFORCE
SERVICES REPORT AND RECOMMENDATIONS.
By January 15, 2011, the
governor's Workforce Development Council executive committee shall submit a
report to the senate and house of representatives committees with jurisdiction
over workforce development programs on the performance and outcomes of the
workforce centers, as required by Minnesota Statutes, section 116L.665,
subdivision 4. This report must contain
recommendations for an ongoing process to identify local gaps in workforce
services and ways to fill the gaps. The
Department of Employment and Economic Development and the workforce councils
should be included in the process for identifying service gaps. The governor's Workforce Development Council
executive committee must submit draft-guiding principles to the legislature for
review and feedback by August 12, 2010.
Sec. 31. DEPARTMENT
OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BLOCK GRANT REPORT.
The commissioner of
employment and economic development shall study and report to the chairs and
ranking minority members of the house of representatives and senate committees
having jurisdiction over economic development and workforce issues on the use
of block grant funding to be administered by the Workforce Development Division
and the Business and Community Development Division. The report must include recommendations for
the use of block grant funding including goals, grant award criteria, RFP
procedures, priorities for target populations and the services to be provided,
and inclusion of all pass-through grants administered by the department
including those receiving direct state appropriations. The recommendations must contain specific
proposals on providing grant oversight, evaluation, and administration of
allocated funds in order to maximize services to target populations.
Sec. 32. STUDY
OF DIVISION OF STATE DEPOSITORY ACCOUNTS AND GENERAL FUND REVENUE ACCOUNT.
(a) The Carlson School of
Management at the University of Minnesota is requested to study:
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(1) the feasibility of dividing the state's general
fund revenue account among community financial institutions and transferring
the state's major and minor accounts to community financial institutions in order
to ensure that state money benefits Minnesota residents;
(2) the potential economic benefit and cost of
transferring all major and minor accounts to community financial institutions;
and
(3) the potential economic benefit and cost to
governmental entities as defined by Minnesota Statutes, section 118A.01,
subdivision 2, from an increase in their use of community financial
institutions as defined in clause (1).
(b) The results of the study must be reported to the
legislature by December 1, 2010.
For purposes of this section, "community financial
institution" means a federally insured bank or credit union, chartered as
a bank or credit union by the state of Minnesota or the United States, that is
headquartered in Minnesota and has no more than $2,500,000,000 in assets.
Sec. 33. COMPARATIVE STUDY OF STATE REGULATION
AFFECTING SMALL BUSINESS START-UPS.
(a) $65,000 is appropriated for fiscal year 2011 from
the general fund to the Legislative Coordinating Commission to fund a
comparative study of the effects of state regulation on the cost and delay
associated with starting a typical small business in Minnesota, Iowa, North
Dakota, South Dakota, and Wisconsin. The
Legislative Coordinating Commission must also apply for a grant to fund the
study. This is a onetime appropriation.
(b) The study, to be conducted by a higher education
institution, must examine the typical cost and delay required by state
regulation in the five states to start a typical small services business, small
retail business, and small manufacturing business. Within each of those three categories, the
study must choose to study similar types of businesses and follow the start-up
process in the five states from beginning to end, including formation,
financing, licensing, permits, reporting requirements, employment laws, and
state and local taxes. The study must
result in a written report submitted to the Legislative Coordinating Commission
no later than December 1, 2011.
(c) The Legislative Coordinating Commission shall
request proposals and choose the recipient of the grant from among higher
education institutions that have a graduate program in business, business
administration, or a similar field. The
Legislative Coordinating Commission shall periodically monitor the recipient's
progress on the study and written report.
The Legislative Coordinating Commission shall submit the written report
as a report to the legislature in compliance with Minnesota Statutes, sections
3.195 and 3.197.
(d) If the funds appropriated in this section are
unexpended, the remaining balance must be transferred to the Science and
Technology Authority.
Sec. 34. APPROPRIATION.
(a) $107,000 is appropriated from the general fund in fiscal
year 2011 to the Minnesota Science and Technology Authority for the purposes of
Minnesota Statutes, chapter 116W.
(b) The general fund appropriation in Laws 2009,
chapter 78, article 1, section 3, subdivision 2, is reduced by $107,000
beginning in fiscal year 2011.
(c) Of the appropriation to the commissioner of
employment and economic development under section 115C.08, subdivision 4,
paragraph (c), in fiscal year 2011 only, $300,000 is for a grant to the
Minneapolis Park and Recreation Board for cleanup of contaminated soils related
to construction of the East Phillips Cultural and Community Center. This is a onetime appropriation and is
available until expended.
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Sec. 35. TRANSFER.
The commissioner of
management and budget must transfer any remaining balance of the appropriation
made in Laws 2009, chapter 78, article 1, section 3, subdivision 2, paragraph
(g), to the Minnesota Science and Technology Authority.
Sec. 36. REPEALER.
Minnesota Statutes 2008,
section 116J.657, is repealed.
ARTICLE 2
UNEMPLOYMENT INSURANCE
Section 1. Minnesota Statutes 2009 Supplement, section
268.035, subdivision 19a, is amended to read:
Subd. 19a. Immediate
family member. "Immediate
family member" means the applicant's an individual's spouse,
parent, stepparent, son or daughter, stepson or stepdaughter, or grandson or
granddaughter.
Sec. 2. Minnesota Statutes 2008, section 268.035,
subdivision 20, is amended to read:
Subd. 20. Noncovered
employment. "Noncovered
employment" means:
(1) employment for the
United States government or an instrumentality thereof, including military
service;
(2) employment for a state,
other than Minnesota, or a political subdivision or instrumentality thereof;
(3) employment for a foreign
government;
(4) employment for an
instrumentality wholly owned by a foreign government, if the employment is of a
character similar to that performed in foreign countries by employees of the
United States government or an instrumentality thereof and the United States
Secretary of State has certified that the foreign government grants an
equivalent exemption to similar employment performed in the foreign country by
employees of the United States government and instrumentalities thereof;
(5) employment covered under
United States Code, title 45, section 351, the Railroad Unemployment
Insurance Act;
(6) employment covered by a
reciprocal arrangement between the commissioner and another state or the
federal government that provides that all employment performed by an individual
for an employer during the period covered by the reciprocal arrangement is
considered performed entirely within another state;
(7) employment for a church
or convention or association of churches, or an organization operated primarily
for religious purposes that is operated, supervised, controlled, or principally
supported by a church or convention or association of churches described in
United States Code, title 26, section 501(c)(3) of the federal Internal Revenue
Code and exempt from income tax under section 501(a);
(8) employment of a duly
ordained or licensed minister of a church in the exercise of a ministry or by a
member of a religious order in the exercise of duties required by the order,
for Minnesota or a political subdivision or an organization described in United
States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code
and exempt from income tax under section 501(a);
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(9) employment of an
individual receiving rehabilitation of "sheltered" work in a facility
conducted for the purpose of carrying out a program of rehabilitation for
individuals whose earning capacity is impaired by age or physical or mental
deficiency or injury or a program providing "sheltered" work for
individuals who because of an impaired physical or mental capacity cannot be
readily absorbed in the competitive labor market. This clause applies only to services
performed for Minnesota or a political subdivision or an organization described
in United States Code, title 26, section 501(c)(3) of the federal Internal
Revenue Code and exempt from income tax under section 501(a) in a facility
certified by the Rehabilitation Services Branch of the department or in a day
training or habilitation program licensed by the Department of Human Services;
(10) employment of an
individual receiving work relief or work training as part of an unemployment
work relief or work training program assisted or financed in whole or in part
by any federal agency or an agency of a state or political subdivision
thereof. This clause applies only to
employment for Minnesota or a political subdivision or an organization
described in United States Code, title 26, section 501(c)(3) of the federal
Internal Revenue Code and exempt from income tax under section 501(a). This clause does not apply to programs that
require unemployment benefit coverage for the participants;
(11) employment for
Minnesota or a political subdivision as an elected official, a member of a
legislative body, or a member of the judiciary;
(12) employment as a member
of the Minnesota National Guard or Air National Guard;
(13) employment for
Minnesota, a political subdivision, or instrumentality thereof, as an employee
serving only on a temporary basis in case of fire, flood, tornado, or similar
emergency;
(14) employment as an
election official or election worker for Minnesota or a political subdivision,
but only if the compensation for that employment was less than $1,000 in a
calendar year;
(15) employment for
Minnesota that is a major policy-making or advisory position in the
unclassified service, including those positions established under section
43A.08, subdivision 1a;
(16) employment for a
political subdivision of Minnesota that is a nontenured major policy making or
advisory position;
(17) domestic employment in
a private household, local college club, or local chapter of a college
fraternity or sorority performed for a person, only if the wages paid in any
calendar quarter in either the current or prior calendar year to all
individuals in domestic employment totaled less than $1,000.
"Domestic
employment" includes all service in the operation and maintenance of a
private household, for a local college club, or local chapter of a college
fraternity or sorority as distinguished from service as an employee in the
pursuit of an employer's trade or business;
(18) employment of an
individual by a son, daughter, or spouse, and employment of a child under the
age of 18 by the child's father or mother;
(19) employment for a
personal care assistance provider agency by an immediate family member of a
recipient who provides the direct care to the recipient through the personal
care assistance program under section 256B.0659;
(20) employment of an inmate of a
custodial or penal institution;
(20) (21) employment for a school,
college, or university by a student who is enrolled and is regularly attending
classes at the school, college, or university;
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(21) (22) employment of an
individual who is enrolled as a student in a full-time program at a nonprofit
or public educational institution that maintains a regular faculty and
curriculum and has a regularly organized body of students in attendance at the
place where its educational activities are carried on, taken for credit at the
institution, that combines academic instruction with work experience, if the
employment is an integral part of the program, and the institution has so
certified to the employer, except that this clause does not apply to employment
in a program established for or on behalf of an employer or group of employers;
(22) (23) employment
of university, college, or professional school students in an internship or
other training program with the city of St. Paul or the city of
Minneapolis under Laws 1990, chapter 570, article 6, section 3;
(23) (24) employment
for a hospital by a patient of the hospital.
"Hospital" means an institution that has been licensed by the
Department of Health as a hospital;
(24) (25) employment
as a student nurse for a hospital or a nurses' training school by an individual
who is enrolled and is regularly attending classes in an accredited nurses'
training school;
(25) (26) employment
as an intern for a hospital by an individual who has completed a four-year
course in an accredited medical school;
(26) (27) employment
as an insurance salesperson, by other than a corporate officer, if all the
wages from the employment is solely by way of commission. The word "insurance" includes an
annuity and an optional annuity;
(27) (28) employment
as an officer of a township mutual insurance company or farmer's mutual
insurance company operating under chapter 67A;
(28) (29) employment
of a corporate officer, if the officer owns 25 percent or more of the employer
corporation, and employment of a member of a limited liability company, if the
member owns 25 percent or more of the employer limited liability company;
(29) (30) employment as a real
estate salesperson, by other than a corporate officer, if all the wages from
the employment is solely by way of commission;
(30) (31) employment
as a direct seller as defined in United States Code, title 26, section 3508;
(31) (32) employment of
an individual under the age of 18 in the delivery or distribution of newspapers
or shopping news, not including delivery or distribution to any point for
subsequent delivery or distribution;
(32) (33) casual
employment performed for an individual, other than domestic employment under
clause (17), that does not promote or advance that employer's trade or
business;
(33) (34) employment
in "agricultural employment" unless considered "covered
agricultural employment" under subdivision 11; or
(34) (35) if employment
during one-half or more of any pay period was covered employment, all the
employment for the pay period is considered covered employment; but if during
more than one-half of any pay period the employment was noncovered employment,
then all of the employment for the pay period is considered noncovered
employment. "Pay period" means
a period of not more than a calendar month for which a payment or compensation
is ordinarily made to the employee by the employer.
Sec. 3.
Minnesota Statutes 2008, section 268.035, is amended by adding a
subdivision to read:
Subd. 21d.
Staffing service. A "staffing service" is an
employer whose business involves employing individuals directly for the purpose
of furnishing temporary assignment workers to clients of the staffing service.
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Sec. 4.
Minnesota Statutes 2009 Supplement, section 268.035, subdivision 23a, is
amended to read:
Subd. 23a.
Suitable employment. (a) Suitable employment means employment
in the applicant's labor market area that is reasonably related to the
applicant's qualifications. In
determining whether any employment is suitable for an applicant, the degree of
risk involved to the health and safety, physical fitness, prior training,
experience, length of unemployment, prospects for securing employment in the
applicant's customary occupation, and the distance of the employment from the
applicant's residence is considered.
(b) In determining what is suitable employment,
primary consideration is given to the temporary or permanent nature of the
applicant's separation from employment and whether the applicant has favorable
prospects of finding employment in the applicant's usual or customary
occupation at the applicant's past wage level within a reasonable period of
time.
If prospects are unfavorable, employment at lower
skill or wage levels is suitable if the applicant is reasonably suited for the
employment considering the applicant's education, training, work experience,
and current physical and mental ability.
The total compensation must be considered, including
the wage rate, hours of employment, method of payment, overtime practices, bonuses,
incentive payments, and fringe benefits.
(c) When potential employment is at a rate of pay
lower than the applicant's former rate, consideration must be given to the
length of the applicant's unemployment and the proportion of difference in the
rates. Employment that may not be
suitable because of lower wages during the early weeks of the applicant's
unemployment may become suitable as the duration of unemployment lengthens.
(d) For an applicant seasonally unemployed, suitable
employment includes temporary work in a lower skilled occupation that pays
average gross weekly wages equal to or more than 150 percent of the applicant's
weekly unemployment benefit amount.
(e) If a majority of the applicant's weeks of
employment in the base period includes part-time employment, part-time
employment in a position with comparable skills and comparable hours that pays
comparable wages is considered suitable employment.
Full-time employment is not considered suitable
employment for an applicant if a majority of the applicant's weeks of
employment in the base period includes part-time employment.
(f) To determine suitability of employment in terms of
shifts, the arrangement of hours in addition to the total number of hours is to
be considered. Employment on a second,
third, rotating, or split shift is suitable employment if it is customary in
the occupation in the labor market area.
(g) Employment is not considered suitable if:
(1) the position offered is vacant because of a labor
dispute;
(2) the wages, hours, or other conditions of
employment are substantially less favorable than those prevailing for similar
employment in the labor market area; or
(3) as a condition of becoming employed, the applicant
would be required to join a company union or to resign from or refrain from
joining any bona fide labor organization; or
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(4) the employment is with a staffing service and less
than 45 percent of the applicant's wage credits are from a job assignment with
the client of a staffing service.
(h) A job assignment with a staffing service is considered
suitable only if 45 percent or more of the applicant's wage credits are from
job assignments with clients of a staffing service and the job assignment meets
the definition of suitable employment under paragraph (a).
Sec. 5.
Minnesota Statutes 2008, section 268.046, subdivision 1, is amended to
read:
Subdivision 1. Tax accounts assigned. (a) Any person that contracts with a
taxpaying employer to have that person obtain the taxpaying employer's
workforce and provide workers to the taxpaying employer for a fee is, as of the
effective date of the contract, assigned for the duration of the contract the
taxpaying employer's account under section 268.045. That tax account must be maintained by the
person separate and distinct from every other tax account held by the person
and identified in a manner prescribed by the commissioner. The tax account is, for the duration of the
contract, considered that person's account for all purposes of this chapter. The workers obtained from the taxpaying
employer and any other workers provided by that person to the taxpaying
employer, including officers of the taxpaying employer as defined in section
268.035, subdivision 20, clause (28), whose wages paid by the person are
considered paid in covered employment under section 268.035, subdivision 24,
for the duration of the contract between the taxpaying employer and the person,
must, under section 268.044, be reported on the wage detail report under that
tax account, and that person must pay any taxes due at the tax rate computed
for that account under section 268.051, subdivision 2.
(b) Any workers of the taxpaying employer who are not
covered by the contract under paragraph (a) must be reported by the taxpaying
employer as a separate unit on the wage detail report under the tax account
assigned under paragraph (a). Taxes and
any other amounts due on the wages reported by the taxpaying employer under
this paragraph may be paid directly by the taxpaying employer.
(c) If the taxpaying employer that contracts with a person
under paragraph (a) does not have a tax account at the time of the execution of
the contract, an account must be registered for the taxpaying employer under
section 268.042 and the new employer tax rate under section 268.051,
subdivision 5, must be assigned. The tax
account is then assigned to the person as provided for in paragraph (a).
(d) A person that contracts with a taxpaying employer
under paragraph (a) must, within 30 calendar days of the execution or
termination of a contract, notify the commissioner by electronic transmission,
in a format prescribed by the commissioner, of that execution or
termination. The taxpaying employer's
name, the account number assigned, and any other information required by the
commissioner must be provided by that person.
(e) Any contract subject to paragraph (a) must
specifically inform the taxpaying employer of the assignment of the tax account
under this section and the taxpaying employer's obligation under paragraph
(b). If there is a termination of the
contract, the tax account is, as of the date of termination, immediately
assigned to the taxpaying employer.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 6.
Minnesota Statutes 2008, section 268.051, subdivision 2, is amended to
read:
Subd. 2. Computation of tax rates; additional
assessments. (a) For each calendar
year the commissioner shall must compute the tax rate of each
taxpaying employer that qualifies for an experience rating by adding the base
tax rate to the employer's experience rating along with assigning any
appropriate additional assessment under paragraph (d) (c).
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(b) The base tax rate for
the calendar year and any additional assessments under this subdivision are
determined based upon the amount in the trust fund on March 31 of the prior
year as a percentage of total wages paid in covered employment. The base tax rate is:
(1) one-tenth of one percent
if the trust fund is equal to or more than 0.75 percent;
(2) two-tenths of one
percent if the trust fund is less than 0.75 percent but equal to or more than
0.65 percent;
(3) three-tenths of one
percent if the trust fund is less than 0.65 percent but equal to or more than
0.55 percent; or
(4) four-tenths of one
percent if the trust fund is less than 0.55 percent, but has a positive
balance; or
(5) five-tenths of one percent
if the trust fund has a negative balance and is borrowing from the federal
unemployment trust fund in order to pay unemployment benefits as provided for
under section 268.194, subdivision 6.
(c) There is a
"falling trust fund adjustment" to the base tax rate for the calendar
year if the amount in the trust fund on March 31 of the prior year is less than
0.75 percent of total wages paid in covered employment and:
(1) the amount in the trust
fund on March 31 of the prior year is ten percent or more below the amount in
the trust fund on March 31 of the year before that; or
(2) the amount in the trust
fund on March 31 of the prior year is greater than the amount in the trust fund
on June 30 of that same year.
If a "falling trust
fund adjustment" is applicable, then the base tax rate is one-tenth of one
percent greater than otherwise provided for under paragraph (b).
(d) In addition to the base tax
rate, there is an additional assessment for the calendar year on the quarterly
unemployment taxes due from every taxpaying employer if the amount in the trust
fund on March 31 of the prior year is less than 0.55 percent of total wages
paid in covered employment. The
assessment is as follows:
(1) a five percent
assessment if the trust fund is less than 0.55 percent but equal to or more
than 0.45 percent;
(2) a ten percent assessment
if the trust fund is less than 0.45 percent but equal to or more than 0.35
percent; or
(3) a 14 percent assessment
if the trust fund is less than 0.35 percent.
(e) (d) For the purposes of this
subdivision, the trust fund does not include any money borrowed from the
federal unemployment trust fund provided for in section 268.194, subdivision
6.
(f) (e) For the purposes of this
subdivision, total wages paid in covered employment are those wages paid to all
employees in covered employment during the calendar year before the March 31
date used in paragraph (b).
(g) (f) The base tax rate and any
additional assessments are assessed on all taxpaying employers to cover a
portion of the costs to the trust fund for unemployment benefits paid that do
not affect any single employer's future experience rating because:
(1) the employer's
experience rating is limited by the maximum under subdivision 3, paragraph (b);
(2) the employer has ceased
doing business; or
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(3) the unemployment
benefits paid have been determined not to be used in computing the employer's
experience rating under section 268.047, subdivision 2 or 3.
Sec. 7. Minnesota Statutes 2008, section 268.051,
subdivision 5, is amended to read:
Subd. 5. Tax
rate for new employers. (a) Each new
taxpaying employer that does not qualify for an experience rating under
subdivision 3, except new employers in a high experience rating industry, must
be assigned, for a calendar year, a tax rate the higher of (1) one percent, or
(2) the tax rate computed, to the nearest one-hundredth 1/100 of
a percent, by dividing the total amount of unemployment benefits paid all
applicants during the 48 calendar months ending on June 30 of the prior
calendar year by the total taxable wages of all taxpaying employers during the
same period, plus the applicable base tax rate and any additional assessments
under subdivision 2, paragraph (d).
(b) Each new taxpaying
employer in a high experience rating industry that does not qualify for an
experience rating under subdivision 3, must be assigned, for a calendar year, a
tax rate the higher of 8.00 percent, (1) that assigned under
paragraph (a), or (2) the tax rate, computed to the nearest 1/100 of a percent,
by dividing the total amount of unemployment benefits paid to all applicants
from high experience rating industry employers during the 48 calendar months
ending on June 30 of the prior calendar year by the total taxable wages of all
high experience rating industry employers during the same period, to a maximum
provided for under subdivision 3, paragraph (b), plus the applicable base
tax rate and any additional assessments under subdivision 2, paragraph
(d).
(c) An employer is considered to
be in a high experience rating industry if:
(1) the employer is engaged
in residential, commercial, or industrial construction, including general
contractors;
(2) the employer is engaged
in sand, gravel, or limestone mining;
(3) the employer is engaged
in the manufacturing of concrete, concrete products, or asphalt; or
(4) the employer is engaged
in road building, repair, or resurfacing, including bridge and tunnels and
residential and commercial driveways and parking lots.
(c) (d) The commissioner
shall must send to the new employer, by mail or electronic
transmission, notice of the tax rate assigned.
An employer may appeal the assignment of a tax rate in accordance with
the procedures in subdivision 6, paragraph (c).
Sec. 8. Minnesota Statutes 2008, section 268.051,
subdivision 7, is amended to read:
Subd. 7. Tax rate
buydown. (a) Any taxpaying employer
that has been assigned a tax rate based upon an experience rating, and has no
amounts past due under this chapter, may, upon the payment of an amount
equivalent to any portion or all of the unemployment benefits used in computing
the experience rating plus a surcharge of 25 percent, obtain a cancellation of
unemployment benefits used equal to the payment made, less the surcharge. The payment is applied to the most recent
unemployment benefits paid that are used in computing the experience
rating. Upon the payment, the
commissioner shall must compute a new experience rating for the
employer, and compute a new tax rate.
(b) Payments for a tax rate
buydown may be made only by electronic payment and must be received within 120
calendar days from the beginning of the calendar year for which the tax rate is
effective.
(c) For calendar years 2011,
2012, and 2013, the surcharge of 25 percent provided for in paragraph (a) does
not apply.
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Sec. 9. Minnesota Statutes 2009 Supplement, section
268.052, subdivision 2, is amended to read:
Subd. 2. Election
by state or political subdivision to be taxpaying employer. (a) The state or political subdivision
may elect to be a taxpaying employer for any calendar year if a notice
of election is filed within 30 calendar days following January 1 of that
calendar year. The election is effective
at the beginning of the next calendar quarter.
Upon election, the state or political subdivision must be assigned
the new employer tax rate under section 268.051, subdivision 5, for the
calendar year of the election and unless or until it qualifies for an
experience rating under section 268.051, subdivision 3.
(b) An election is for a
minimum period of two 24 calendar years months
following the effective date of the election and continue unless a notice
terminating the election is filed not later than 30 calendar days before the
beginning of the calendar year. The
termination is effective at the beginning of the next calendar year
quarter.
(c) (b) The method of
payments to the trust fund under subdivisions 3 and 4 applies to all taxes paid
by or due from the state or political subdivision that elects to be taxpaying
employers under this subdivision.
(d) (c) A notice of
election or a notice terminating election must be filed by electronic
transmission in a format prescribed by the commissioner.
EFFECTIVE DATE. This section is effective November 30, 2010.
Sec. 10. Minnesota Statutes 2009 Supplement, section
268.053, subdivision 1, is amended to read:
Subdivision 1. Election. (a) Any nonprofit organization that has
employees in covered employment must pay taxes on a quarterly basis in
accordance with section 268.051 unless it elects to make reimbursements to the
trust fund the amount of unemployment benefits charged to its reimbursable
account under section 268.047.
The organization may elect
to make reimbursements for a period of not less than two 24
calendar years months beginning with the date that the
organization was determined to be an employer with covered employment by filing
a notice of election not later than 30 calendar days after the date of the
determination.
(b) Any nonprofit
organization that makes an election will continue to be liable for
reimbursements until it files a notice terminating its election not later
than 30 calendar days before the beginning of the calendar year
quarter the termination is to be effective.
(c) A nonprofit organization
that has been making reimbursements that files a notice of termination of
election must be assigned the new employer tax rate under section 268.051,
subdivision 5, for the calendar year of the termination of election and
unless or until it qualifies for an experience rating under section
268.051, subdivision 3.
(d) (c) Any nonprofit
organization that has been paying taxes may elect to make reimbursements by
filing no less than 30 calendar days before January 1 of any calendar year
a notice of election. The election is
effective at the beginning of the next calendar quarter. The election is not terminable by the
organization for that and the next 24 calendar year months.
(e) (d) The commissioner
may for good cause extend the period that a notice of election, or a notice of
termination, must be filed and may permit an election to be retroactive.
(f) (e) A notice of
election or notice terminating election must be filed by electronic
transmission in a format prescribed by the commissioner.
EFFECTIVE DATE. This section is effective November 30, 2010.
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Sec. 11.
Minnesota Statutes 2008, section 268.07, as amended by Laws 2009,
chapter 15, sections 5 and 6, and chapter 78, article 3, section 6, and article
4, sections 19 to 21, is amended to read:
268.07
BENEFIT ACCOUNT.
Subdivision 1. Application for unemployment benefits;
determination of benefit account. (a)
An application for unemployment benefits may be filed in person, by mail, or by
electronic transmission as the commissioner may require. The applicant must be unemployed at the time
the application is filed and must provide all requested information in the
manner required. If the applicant is not
unemployed at the time of the application or fails to provide all requested information,
the communication is not considered an application for unemployment benefits.
(b) The commissioner must examine each application for
unemployment benefits to determine the base period and the benefit year, and
based upon all the covered employment in the base period the commissioner shall
must determine the weekly unemployment benefit amount available, if any,
and the maximum amount of unemployment benefits available, if any. The determination, which is a document
separate and distinct from a document titled a determination of eligibility or
determination of ineligibility issued under section 268.101, must be titled
determination of benefit account. A
determination of benefit account must be sent to the applicant and all base
period employers, by mail or electronic transmission.
(c) If a base period employer did not provide wage
detail information for the applicant as required under section 268.044, or
provided erroneous information, or wage detail is not yet due and the applicant
is using an alternate base period under section 268.035, subdivision 4,
paragraph (d), the commissioner may accept an applicant certification of wage
credits, based upon the applicant's records, and issue a determination of
benefit account.
(d) An employer must provide wage detail information
on an applicant within five calendar days of request by the commissioner, in a
manner and format requested, when:
(1) the applicant is using an alternate base period
under section 268.035, subdivision 4, paragraph (d); and
(2) wage detail under section 268.044 is not yet
required to have been filed by the employer.
(e) The commissioner may, at any time within 24 months
from the establishment of a benefit account, reconsider any determination of
benefit account and make an amended determination if the commissioner finds
that the wage credits listed in the determination was were
incorrect for any reason. An amended
determination of benefit account must be promptly sent to the applicant and all
base period employers, by mail or electronic transmission. This subdivision does not apply to documents
titled determinations of eligibility or determinations of ineligibility issued
under section 268.101.
(f) If an amended determination of benefit account
reduces the weekly unemployment benefit amount or maximum amount of unemployment
benefits available, any unemployment benefits that have been paid greater than
the applicant was entitled is considered an overpayment of unemployment
benefits. A determination or amended
determination issued under this section that results in an overpayment of
unemployment benefits must set out the amount of the overpayment and the
requirement under section 268.18, subdivision 1, that the overpaid unemployment
benefits must be repaid.
Subd. 2. Benefit account requirements and weekly
unemployment benefit amount and maximum amount of unemployment benefits. (a) Unless paragraph (b) applies, to
establish a benefit account:
(1) using the primary base period
under section 268.035, subdivision 4, paragraph (a), an applicant must have:
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of Page 12193
(1) (i) wage credits in the high quarter of $1,000
or more; and
(2) (ii) wage credits, in other than the high
quarter, of $250 or more.
To establish
a benefit account; or
(2) using the secondary base period under section 268.035,
subdivision 4, paragraph (b), an applicant must have wage credits in the high
quarter of $1,000 or more.
(b) To establish a new benefit account within 52
calendar weeks following the expiration of the benefit year on a prior benefit
account, an applicant must meet the requirements of paragraph (a) and must have
performed services in covered employment in a calendar quarter that started
after the effective date of the prior benefit account. The wage credits for those services must be
at least eight times the weekly benefit amount on the prior benefit
account. One of the reasons for this
paragraph is to prevent an applicant from establishing a second benefit account
as a result of one loss of employment.
Subd. 2a.
Weekly unemployment benefit
amount and maximum amount of unemployment benefits available. (b) (a) If an applicant has
established a benefit account under subdivision 2, the weekly
unemployment benefit amount available during the applicant's benefit
year is the higher of:
(1) 50 percent of the applicant's average weekly wage
during the base period, to a maximum of 66-2/3 percent of the state's average
weekly wage; or
(2) 50 percent of the applicant's average weekly wage
during the high quarter, to a maximum of 43 percent of the state's average
weekly wage.
The applicant's average weekly wage under clause (1) is
computed by dividing the total wage credits by 52. The applicant's average weekly wage under
clause (2) is computed by dividing the high quarter wage credits by 13.
(c) (b) The state's
maximum weekly benefit amount, computed in accordance with section 268.035,
subdivision 23, applies to a benefit account established effective on or after
the last Sunday in October. Once
established, an applicant's weekly unemployment benefit amount is not affected
by the last Sunday in October change in the state's maximum weekly unemployment
benefit amount.
(d) (c) The maximum
amount of unemployment benefits available on any benefit account is the lower
of:
(1) 33-1/3 percent of the applicant's total wage
credits; or
(2) 26 times the applicant's weekly unemployment
benefit amount.
Subd. 3. Second benefit account requirements. To establish a second benefit account following
the expiration of a benefit year on a prior benefit account, an applicant must
meet the requirements of subdivision 2 and must have performed services in
covered employment after the effective date of the prior benefit account. The wages paid for those services must be at
least eight times the weekly unemployment benefit amount of the prior benefit
account. Part of the reason for this
subdivision is to prevent an applicant from establishing more than one benefit
account as a result of one loss of employment.
Subd. 3a. Right of appeal. (a) A determination or amended
determination of benefit account is final unless an applicant or base period
employer within 20 calendar days after the sending of the determination or
amended determination files an appeal.
Every determination or amended determination of benefit account must
contain a prominent statement indicating in clear language the consequences of
not appealing. Proceedings on the appeal
are conducted in accordance with section 268.105.
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Day - Tuesday, May 11, 2010 - Top of Page 12194
(b) Any applicant or base
period employer may appeal from a determination or amended determination of
benefit account on the issue of whether services performed constitute
employment and, whether the employment is considered covered
employment, and whether money paid constitutes wages. Proceedings on the appeal are conducted in
accordance with section 268.105.
Subd. 3b. Limitations
on applications and benefit accounts. (a)
An application for unemployment benefits is effective the Sunday of the
calendar week that the application was filed.
An application for unemployment benefits may be backdated one calendar
week before the Sunday of the week the application was actually filed if the
applicant requests the backdating at the time the application is filed. An application may be backdated only if the
applicant had no employment during the period of the backdating. If an individual attempted to file an
application for unemployment benefits, but was prevented from filing an
application by the department, the application is effective the Sunday of the
calendar week the individual first attempted to file an application.
(b) A benefit account
established under subdivision 2 is effective the date the application for
unemployment benefits was effective.
(c) A benefit account, once
established, may later be withdrawn only if:
(1) the applicant has not
been paid any unemployment benefits on that benefit account; and
(2) a new application for
unemployment benefits is filed and a new benefit account is established at the
time of the withdrawal.
A determination or amended
determination of eligibility or ineligibility issued under section 268.101,
that was sent before the withdrawal of the benefit account, remains in effect
and is not voided by the withdrawal of the benefit account. A determination of ineligibility requiring
subsequent earnings to satisfy the period of ineligibility under section
268.095, subdivision 10, applies to the weekly unemployment benefit amount on
the new benefit account.
(d) An application for
unemployment benefits is not allowed before the Sunday following the expiration
of the benefit year on a prior benefit account.
Except as allowed under paragraph (c), an applicant may establish only
one benefit account each 52 calendar weeks.
EFFECTIVE DATE. This section is effective for benefit accounts filed
effective on or after the first Sunday following final enactment.
Sec. 12. Minnesota Statutes 2009 Supplement, section
268.085, subdivision 1, is amended to read:
Subdivision 1. Eligibility
conditions. An applicant may be
eligible to receive unemployment benefits for any week if:
(1) the applicant has filed
a continued request for unemployment benefits for that week under section
268.0865;
(2) the week for which
unemployment benefits are requested is in the applicant's benefit year;
(3) the applicant was
unemployed as defined in section 268.035, subdivision 26;
(4) the applicant was
available for suitable employment as defined in subdivision 15. The applicant's weekly unemployment benefit
amount is reduced one-fifth for each day the applicant is unavailable for
suitable employment. This clause does
not apply to an applicant who is in reemployment assistance training, or each
day the applicant is on jury duty or serving as an election judge;
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of Page 12195
(5) the applicant was actively seeking suitable
employment as defined in subdivision 16.
This clause does not apply to an applicant who is in reemployment
assistance training or who was on jury duty throughout the week;
(6) the applicant has served a nonpayable waiting
period of one week that the applicant is otherwise entitled to some amount of
unemployment benefits. This clause does
not apply if the applicant would have been entitled to federal disaster
unemployment assistance because of a disaster in Minnesota, but for the
applicant's establishment of a benefit account under section 268.07; and
(7) the applicant has been participating in reemployment
assistance services, such as job search and resume writing classes, if the
applicant has been determined in need of reemployment assistance services by
the commissioner, unless the applicant has good cause for failing to
participate.
Sec. 13.
Minnesota Statutes 2008, section 268.085, subdivision 9, is amended to
read:
Subd. 9. Business owners. (a) Wage credits from an employer
may not be used for unemployment benefit purposes by any applicant who:
(1) individually, jointly, or in combination with the
applicant's spouse, parent, or child owns or controls directly or indirectly 25
percent or more interest in the employer; or
(2) is the spouse, parent, or minor child of any
individual who owns or controls directly or indirectly 25 percent or more
interest in the employer.
This subdivision is effective when the applicant has
been paid five times the applicant's weekly unemployment benefit amount in the
current benefit year. This subdivision
does not apply if the applicant had wages paid in covered employment of
$7,500 or more from the employer covered by this subdivision in each of the 16
calendar quarters prior to the effective date of the benefit account and all
taxes due on those wages have been paid.
(b) An officer of a taxpaying employer referred to in
section 268.046, subdivision 1, is subject to the limitations of this
subdivision.
Sec. 14.
Minnesota Statutes 2008, section 268.085, subdivision 16, is amended to
read:
Subd. 16. Actively seeking suitable employment
defined. (a) "Actively seeking
suitable employment" means those reasonable, diligent efforts an
individual in similar circumstances would make if genuinely interested in
obtaining suitable employment under the existing conditions in the labor market
area. Limiting the search to positions
that are not available or are above the applicant's training, experience, and
qualifications is not "actively seeking suitable employment."
(b) To be considered "actively seeking suitable
employment" an applicant must, when reasonable, contact those employers
from whom the applicant was laid off because of lack of work and request
suitable employment.
(c) If reasonable prospects of suitable employment in
the applicant's usual or customary occupation do not exist, the applicant must
actively seek other suitable employment to be considered "actively seeking
suitable employment." This applies to an applicant who is seasonally
unemployed.
(d) Actively seeking a suitable job assignment or
other employment with a staffing service is considered actively seeking
suitable employment.
(e) An applicant who is seeking
employment only through a union is considered actively seeking suitable
employment if the applicant is in an occupation where hiring in that locality
is done through the union. If the
applicant is a union member who is restricted to obtaining employment among
signatory contractors in the
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of Page 12196
construction industry, seeking employment only with
those signatory contractors is considered actively seeking employment. The applicant must be a union member in good
standing, registered with the union for employment, and in compliance with
other union rules to be considered "actively seeking suitable
employment."
Sec. 15.
Minnesota Statutes 2009 Supplement, section 268.095, subdivision 2, is
amended to read:
Subd. 2. Quit defined. (a) A quit from employment occurs when
the decision to end the employment was, at the time the employment ended, the
employee's.
(b) An employee who has been notified that the
employee will be discharged in the future, who chooses to end the employment
while employment in any capacity is still available, is considered to have quit
the employment.
(c) An employee who seeks to withdraw a previously
submitted notice of quitting is considered to have quit the employment if the
employer does not agree that the notice may be withdrawn.
(d) An applicant who, within five calendar days after
completion of a suitable temporary job assignment from a staffing
service employer, (1) fails without good cause to affirmatively request
an additional suitable job assignment, (2) refuses without good cause an
additional suitable job assignment offered, or (3) accepts employment with the
client of the staffing service, is considered to have quit employment with the
staffing service. Accepting employment
with the client of the staffing service meets the requirements of the exception
to ineligibility under subdivision 1, clause (2).
This paragraph applies only if, at the time of
beginning of employment with the staffing service employer, the
applicant signed and was provided a copy of a separate document written in
clear and concise language that informed the applicant of this paragraph and
that unemployment benefits may be affected.
For purposes of this paragraph, "good cause"
is a reason that is significant and would compel an average, reasonable worker,
who would otherwise want an additional temporary suitable job
assignment with the staffing service employer, (1) to fail to contact
the staffing service employer, or (2) to refuse an offered assignment.
For purposes of this paragraph, a "staffing
service employer" is an employer whose business involves employing
individuals directly for the purpose of furnishing temporary job assignment
workers to clients of the staffing service.
Sec. 16.
Minnesota Statutes 2008, section 268.095, subdivision 5, is amended to
read:
Subd. 5. Discharge defined. (a) A discharge from employment occurs
when any words or actions by an employer would lead a reasonable employee to
believe that the employer will no longer allow the employee to work for the employer
in any capacity. A layoff because of
lack of work is considered a discharge.
A suspension from employment without pay of more than 30 calendar days
is considered a discharge.
(b) An employee who gives notice of intention to quit
the employment and is not allowed by the employer to work the entire notice
period is considered discharged from the employment as of the date the employer
will no longer allow the employee to work.
If the discharge occurs within 30 calendar days before the intended date
of quitting, then, as of the intended date of quitting, the separation from
employment is considered a quit from employment subject to subdivision 1.
(c) The end of a job assignment with the client of a
staffing service is considered a discharge from employment with the staffing
service unless section 268.095, subdivision 2, paragraph (d), applies.
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Sec. 17.
Minnesota Statutes 2009 Supplement, section 268.095, subdivision 6, is
amended to read:
Subd. 6. Employment misconduct defined. (a) Employment misconduct means any
intentional, negligent, or indifferent conduct, on the job or off the job that
displays clearly:
(1) a serious violation of the standards of behavior
the employer has the right to reasonably expect of the employee; or
(2) a substantial lack of concern for the
employment.
(b) Regardless of paragraph (a), the following is not
employment misconduct:
(1) conduct that was a consequence of the applicant's
mental illness or impairment;
(2) conduct that was a consequence of the
applicant's inefficiency or inadvertence;
(3) simple unsatisfactory conduct;
(4) conduct an average reasonable employee would have
engaged in under the circumstances;
(5) poor performance because of conduct that
was a consequence of the applicant's inability or incapacity;
(6) good faith errors in judgment if judgment was
required;
(7) absence because of illness or injury of the
applicant, with proper notice to the employer;
(8) absence, with proper notice to the employer, in
order to provide necessary care because of the illness, injury, or disability
of an immediate family member of the applicant;
(9) conduct that was a direct result
consequence of the applicant's chemical dependency, unless the applicant
was previously diagnosed chemically dependent or had treatment for chemical
dependency, and since that diagnosis or treatment has failed to make consistent
efforts to control the chemical dependency; or
(10) conduct that was a result consequence
of the applicant, or an immediate family member of the applicant, being a
victim of domestic abuse as defined under section 518B.01. Domestic abuse must be shown as provided for
in subdivision 1, clause (9).
(c) Regardless of paragraph (b), clause (9), conduct
in violation of sections 169A.20, 169A.31, or 169A.50 to 169A.53 that
interferes with or adversely affects the employment is employment
misconduct.
(d) If the conduct for which the applicant was
discharged involved only a single incident, that is an important fact that must
be considered in deciding whether the conduct rises to the level of employment
misconduct under paragraph (a).
(e) The definition of employment misconduct provided
by this subdivision is exclusive and no other definition applies.
EFFECTIVE
DATE. This section is effective for
determinations under section 268.101, subdivision 2, and appeal decisions under
section 268.105, subdivision 1, issued on and after the Sunday following final
enactment.
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of Page 12198
Sec. 18. Minnesota
Statutes 2008, section 268.101, is amended by adding a subdivision to read:
Subd. 2a.
Telephone number. Every determination issued under
subdivision 2 must include a prominently displayed telephone number that an applicant
or involved employer can call to speak with an unemployment insurance
specialist and obtain further explanation about the determination and have any
questions answered. The specialist must,
when appropriate, issue an amended determination as provided for in subdivision
4. The listed telephone number must be
unique to a specialized call group trained to handle calls involving
determinations.
EFFECTIVE
DATE. This section is effective October 3,
2010, and expires September 30, 2012.
Sec. 19. Minnesota
Statutes 2009 Supplement, section 268.105, subdivision 1, is amended to read:
Subdivision 1. Evidentiary hearing by unemployment law
judge. (a) Upon a timely appeal
having been filed, the department must send, by mail or electronic
transmission, a notice of appeal to all involved parties that an appeal has
been filed, and that a de novo due process evidentiary hearing will be
scheduled. The notice must set out the
parties' rights and responsibilities regarding the hearing. The notice must explain that the facts will
be determined by the unemployment law judge based upon a preponderance of the
evidence. The notice must explain in
clear and simple language the meaning of the term "preponderance of the evidence."
The department must set a time and place for a de novo due process evidentiary
hearing and send notice to any involved applicant and any involved employer, by
mail or electronic transmission, not less than ten calendar days before the
date of the hearing.
(b) The evidentiary hearing is conducted by an
unemployment law judge as an evidence gathering inquiry. At the beginning of the hearing the
unemployment law judge must fully explain how the hearing will be conducted,
that the applicant has the right to request that the hearing be rescheduled so
that documents or witnesses can be subpoenaed, that the facts will be
determined based on a preponderance of the evidence, and, in clear and simple
language, the meaning of the term "preponderance of the evidence."
The unemployment law judge must ensure that all relevant facts are clearly and
fully developed. The department may
adopt rules on evidentiary hearings. The
rules need not conform to common law or statutory rules of evidence and other
technical rules of procedure. The
department has discretion regarding the method by which the evidentiary hearing
is conducted. A report of any employee
of the department, except a determination, made in the regular course of the
employee's duties, is competent evidence of the facts contained in it. An affidavit or written statement based on
personal knowledge and signed under penalty of perjury is competent evidence of
the facts contained in it; however, the veracity of statements contained within
the document or the credibility of the witness making the statement may be
disputed with other documents or testimony and production of such documents or
testimony may be compelled by subpoena.
(c) After the conclusion of the hearing, upon the
evidence obtained, the unemployment law judge must make findings of fact and
decision and send those, by mail or electronic transmission, to all involved
parties. When the credibility of an
involved party or witness testifying in an evidentiary hearing has a
significant effect on the outcome of a decision, the unemployment law judge
must set out the reason for crediting or discrediting that testimony. The unemployment law judge's decision is
final unless a request for reconsideration is filed under subdivision 2.
(d) Regardless of paragraph (c), if the appealing party
fails to participate in the evidentiary hearing, the unemployment law judge has
the discretion to dismiss the appeal by summary order. By failing to participate, the appealing
party is considered to have failed to exhaust available administrative remedies
unless the appealing party files a request for reconsideration under
subdivision 2 and establishes good cause for failing to participate in the
evidentiary hearing under subdivision 2, paragraph (d). Submission of a written statement does not
constitute participation. The applicant
must participate personally and appearance solely by a representative does not
constitute participation.
(e) Only employees of the department who are attorneys
licensed to practice law in Minnesota may serve as the chief unemployment law
judge, senior unemployment law judges who are supervisors, or unemployment law
judges. The commissioner must designate
a chief unemployment law judge. The
chief unemployment law judge may transfer to another unemployment law judge any
proceedings pending before an unemployment law judge.
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of Page 12199
(f) A full-time unemployment law judge must be paid a
salary within a range directly tied to the salary set under section 15A.083,
subdivision 7, for a workers' compensation judge. The salary paid within that range to any
single unemployment law judge is based on experience and performance.
Sec. 20.
Minnesota Statutes 2009 Supplement, section 268.136, subdivision 1, is
amended to read:
Subdivision 1. Shared work agreement requirements. (a) An employer may submit a proposed
shared work plan for an employee group to the commissioner for approval in a
manner and format set by the commissioner.
The proposed agreement must include:
(1) a certified statement that the normal weekly hours
of work of all of the proposed participating employees were full time but are
now reduced, or will be reduced, with a corresponding reduction in pay, in
order to prevent layoffs;
(2) the name and Social Security number of each
participating employee;
(3) a certified statement of when each participating
employee was first hired by the employer, which must be at least one year before
the proposed agreement is submitted;
(4) the hours of work each participating employee will
work each week for the duration of the agreement, which must be at least 20
hours and no more than 32 hours per week, except that the agreement may provide
for a uniform vacation shutdown of up to two weeks;
(5) the proposed duration of the agreement, which must
be at least two months and not more than one year, although an agreement may be
extended for up to an additional year upon approval of the commissioner;
(6) a starting date beginning on a Sunday at least 15
calendar days after the date the proposed agreement is submitted; and
(7) a signature of an owner or officer of the employer
who is listed as an owner or officer on the employer's account under section
268.045.
(b) An agreement may not be approved for an employer
that:
(1) has any unemployment tax or reimbursements,
including any interest, fees, or penalties, due but unpaid; or
(2) has the maximum experience rating provided for
under section 268.051, subdivision 3; or
(3) is in a high-experience rating industry as defined
in section 268.051, subdivision 5.
Sec. 21.
Minnesota Statutes 2008, section 268.184, subdivision 1, is amended to
read:
Subdivision 1. Administrative penalties. (a) The commissioner shall penalize an
employer if that employer or any employee, officer, or agent of that employer,
is in collusion with any applicant for the purpose of assisting the applicant
to receive unemployment benefits fraudulently.
The penalty is $500 or the amount of unemployment benefits determined to
be overpaid, whichever is greater.
(b) The commissioner shall penalize an employer if that
employer or any employee, officer, or agent of that employer (1) made a false
statement or representation knowing it to be false, (2) made a false statement
or representation without a good faith belief as to correctness of the
statement or representation, or (3) knowingly failed to disclose a
material fact;, or (4) made an offer of employment to an applicant
when, in fact, the employer had no employment available, but only if the
employer's action:
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Top of Page 12200
(i) was taken to prevent or reduce the payment of
unemployment benefits to any applicant;
(ii) was taken to reduce or avoid
any payment required from an employer under this chapter or section 116L.20; or
(iii) caused an overpayment of unemployment benefits
to an applicant.
The penalty is $500, or 50 percent of the overpaid or
reduced unemployment benefits or payment required, whichever is greater.
(c) The commissioner shall penalize an employer if
that employer failed or refused to honor a subpoena issued under section
268.105, subdivision 4, or section 268.188.
The penalty is $500 and any costs of enforcing the subpoena, including
attorney fees.
(d) Penalties under this subdivision are in addition
to any other penalties and subject to the same collection procedures that apply
to past due taxes. Penalties must be
paid within 30 calendar days of assessment and credited to the contingent
account.
(e) The assessment of the penalty is final unless the
employer files an appeal within 20 calendar days after the sending of notice of
the penalty to the employer by mail or electronic transmission. Proceedings on the appeal are conducted in
accordance with section 268.105.
Sec. 22. SPECIAL STATE EXTENDED UNEMPLOYMENT
INSURANCE PROGRAM.
Subdivision 1.
Eligibility. (a) Special state extended
unemployment insurance benefits are payable under this section to an applicant
who does not qualify for extended unemployment insurance benefits under
Minnesota Statutes, section 268.115, solely because the applicant does not have
wage credits of at least 40 times the applicant's weekly benefit amount.
(b) Except as provided in paragraph (a), all
requirements for extended unemployment benefits under Minnesota Statutes,
section 268.115, and all other requirements of Minnesota Statutes, chapter 268,
must be met in order for an applicant to be eligible for special state extended
unemployment insurance benefits under this section.
(c) Except as provided for in paragraph (d), special
state extended unemployment insurance benefits are payable in the same amounts,
for the same duration, and for the same time period as provided for under
Minnesota Statutes, section 268.115.
(d) The maximum amount of special state extended
unemployment insurance benefits under this section available to an applicant is
reduced by the amount of special state emergency unemployment insurance
benefits paid the applicant under Laws 2009, chapter 1, section 2.
Subd. 2.
Payment from trust fund. Special state extended unemployment
insurance benefits are payable from the Minnesota unemployment insurance trust
fund. Special state extended
unemployment insurance benefits must not be used in computing the future
unemployment insurance tax rate of a taxpaying employer, and they must not be
charged to the reimbursing account of government or nonprofit employers.
Subd. 3.
Expiration. This section expires on March 26,
2011, and no benefits may be paid under this section for a week beginning after
that date.
EFFECTIVE
DATE. This section is effective June 30,
2010.
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Sec. 23. LEAVES OF ABSENCE.
Minnesota Statutes, section 268.088, applies to leaves
of absence taken by workers at the New Ulm location of 3M during 2009. The department must, notwithstanding any
prior determination or appeal decision, redetermine an applicant's entitlement
to unemployment benefits under this section.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 24. SPECIAL STATE EMERGENCY UNEMPLOYMENT
COMPENSATION.
Notwithstanding the June 30, 2010, expiration date of
Laws 2009, chapter 1, section 2, subdivision 4, if an applicant has filed for
special state emergency unemployment compensation under that law for a week
beginning prior to June 30, 2010, but has not exhausted the maximum amount
available to the applicant under that law, the applicant may continue to
receive special state emergency unemployment compensation under that law up to
the applicant's determined maximum under that law. This section expires March 26, 2011, and no
benefits may be paid pursuant to this section for a week beginning after that
date.
Sec. 25. NEW BENEFIT ACCOUNTS.
If an applicant establishes a new benefit account
under Minnesota Statutes, section 268.07, subdivision 2, paragraph (b), within
39 weeks of the expiration of the benefit year on a prior benefit account,
notwithstanding Minnesota Statutes, section 268.07, subdivision 2a, paragraph
(a), the weekly benefit amount on the new benefit account will not be less than
80 percent of the weekly benefit amount on the prior benefit account.
EFFECTIVE
DATE. This section applies to benefit
accounts effective on or after the first Sunday following enactment and expires
the earlier of: (1) the effective date
of any federal legislation allowing an applicant to continue to collect federal
emergency unemployment compensation, notwithstanding the applicant qualifying
for a new regular state benefit account under Minnesota Statutes, section
268.07, subdivision 2, paragraph (b); or (2) June 30, 2011.
Sec. 26. VACATION PAY AND UNEMPLOYMENT BENEFITS.
An individual who received unemployment benefits in
2009 shall not be determined overpaid under Minnesota Statutes, section 268.18,
subdivision 1, because of receipt of vacation pay in 2009 which was earned in
2008 under a collective bargaining agreement with an employer located in
Hibbing that had layoffs in May 2009 of over 400 workers.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 27. REVISOR'S INSTRUCTION.
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number in column B.
Column
A Column
B
268.035,
subdivision 12b 268.035,
subdivision 12d
268.035,
subdivision 21a 268.035,
subdivision 21c
268.035,
subdivision 20a 268.035,
subdivision 21b
268.035,
subdivision 25a 268.035,
subdivision 25c
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Top of Page 12202
ARTICLE 3
LABOR STANDARDS AND WAGES; LICENSING AND FEES
Section 1.
Minnesota Statutes 2008, section 181.723, subdivision 5, is amended to
read:
Subd. 5. Application. To obtain an independent contractor
exemption certificate, the individual must submit, in the manner prescribed by
the commissioner, a complete application and the certificate fee required under
subdivision 14.
(a) A complete application must include all of the
following information:
(1) the individual's full name;
(2) the individual's residence address and telephone
number;
(3) the individual's business name, address, and telephone
number;
(4) the services for which the individual is seeking
an independent contractor exemption certificate;
(5) the individual's Social Security number;
(6) the individual's or the individual's business
federal employer identification number, if a number has been issued to the
individual or the individual's business;
(7) any information or documentation that the
commissioner requires by rule that will assist the department in determining
whether to grant or deny the individual's application; and
(8) the individual's sworn statement that the
individual meets all of the following conditions:
(i) maintains a separate business with the
individual's own office, equipment, materials, and other facilities;
(ii) holds or has applied for a federal employer
identification number or has filed business or self-employment income tax
returns with the federal Internal Revenue Service if the person has performed
services in the previous year for which the individual is seeking the
independent contractor exemption certificate;
(iii) operates under contracts to perform specific
services for specific amounts of money and under which the individual controls
the means of performing the services;
(iv) incurs the main expenses related to the service
that the individual performs under contract;
(v) is responsible for the satisfactory completion of
services that the individual contracts to perform and is liable for a failure
to complete the service;
(vi) receives compensation for service performed under
a contract on a commission or per-job or competitive bid basis and not on any
other basis;
(vii) may realize a profit or suffer a loss under
contracts to perform service;
(viii) has continuing or recurring business
liabilities or obligations; and
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(ix) the success or failure of the individual's
business depends on the relationship of business receipts to expenditures.
(b) Individuals who are applying for or renewing a
residential building contractor or residential remodeler license under sections
326B.197, 326B.802, 326B.805, 326B.81, 326B.815, 326B.821 to 326B.86, 326B.87
to 326B.885, and 327B.041, and any rules promulgated pursuant thereto, may
simultaneously apply for or renew an independent contractor exemption
certificate. The commissioner shall
create an application form that allows for the simultaneous application for
both a residential building contractor or residential remodeler license and an
independent contractor exemption certificate.
If individuals simultaneously apply for or renew a residential building
contractor or residential remodeler license and an independent contractor
exemption certificate using the form created by the commissioner, individuals
shall only be required to provide, in addition to the information required by
section 326B.83 and rules promulgated pursuant thereto, the sworn statement
required by paragraph (a), clause (8), and any additional information required
by this subdivision that is not also required by section 326B.83 and any rules
promulgated thereto. When individuals
submit a simultaneous application on the form created by the commissioner for
both a residential building contractor or residential remodeler license and an
independent contractor exemption certificate, the application fee shall be
$150. An independent contractor
exemption certificate that is in effect before March 1, 2009, shall remain in
effect until March 1, 2011 2013, unless revoked by the
commissioner or canceled by the individual.
(c) Within 30 days of receiving a complete application
and the certificate fee, the commissioner must either grant or deny the
application. The commissioner may deny
an application for an independent contractor exemption certificate if the
individual has not submitted a complete application and certificate fee or if
the individual does not meet all of the conditions for holding the independent
contractor exemption certificate. The
commissioner may revoke an independent contractor exemption certificate if the
commissioner determines that the individual no longer meets all of the
conditions for holding the independent contractor exemption certificate,
commits any of the actions set out in subdivision 7, or fails to cooperate with
a department investigation into the continued validity of the individual's
certificate. Once issued, an independent
contractor exemption certificate remains in effect for two four years
unless:
(1) revoked by the commissioner; or
(2) canceled by the individual.
(d) If the department denies an individual's original
or renewal application for an independent contractor exemption certificate or
revokes an independent contractor exemption certificate, the commissioner shall
issue to the individual an order denying or revoking the certificate. The commissioner may issue an administrative
penalty order to an individual or person who commits any of the actions set out
in subdivision 7.
(e) An individual or person to whom the commissioner
issues an order under paragraph (d) shall have 30 days after service of the
order to request a hearing. The request
for hearing must be in writing and must be served on or faxed to the
commissioner at the address or facsimile number specified in the order by the
30th day after service of the order. If
the individual does not request a hearing or if the individual's request for a
hearing is not served on or faxed to the commissioner by the 30th day after
service of the order, the order shall become a final order of the commissioner
and will not be subject to review by any court or agency. The date on which a request for hearing is
served by mail shall be the postmark date on the envelope in which the request
for hearing is mailed. If the individual
serves or faxes a timely request for hearing, the hearing shall be a contested
case hearing and shall be held in accordance with chapter 14.
EFFECTIVE
DATE. This section is effective
retroactively from July 1, 2008.
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Sec. 2. [184B.20] INFLATABLE AMUSEMENT
EQUIPMENT.
Subdivision 1.
Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given.
(b) "Commercial use" means regular use of an
inflatable for profit by an owner at a permanently located facility:
(1) to which the general public is invited; or
(2) which the owner makes available at that facility
for private parties or other events.
"Commercial use" does not include use of an
inflatable (i) at a carnival, festival, fair, private party, or similar venue
at a location other than the permanently located facility, or (ii) at a
facility where the use of the inflatable is incidental to the primary use of
the facility.
(c) "Inflatable" means an amusement device,
used to bounce or otherwise play on, that incorporates a structural and
mechanical system and employs a high-strength fabric or film that achieves its
strength, shape, and stability by tensioning from internal air pressure.
(d) "Owner" means a
person who owns, leases as lessee, or controls the operation of an inflatable
for commercial use.
(e) "Person" has the meaning given in
section 302A.011, subdivision 22.
(f) "Supervisor" means an individual
stationed within close proximity to an inflatable during its use, for the
purpose of supervising its safe use.
(g) "Trained" means that an individual has
received instruction in how to supervise the safe use of inflatables in
accordance with industry and ASTM standards.
Subd. 2.
Prohibition. No owner shall provide an inflatable
for commercial use in this state by others unless the owner complies with this
section.
Subd. 3.
Protection against injuries
from falls. An inflatable that
is in commercial use must be placed in a manner that complies with ASTM
Standard F 2374.07, adopted by the American Society for Testing and Materials,
including any future updates to that standard.
Subd. 4.
Supervision by trained person
required. No owner of an
inflatable shall allow commercial use of the inflatable unless a trained
supervisor is present in close proximity to the inflatable and is actively
supervising its use. The ratio of
supervisors to inflatables must comply with ASTM Standard F 2374.07, as
referenced under subdivision 3.
Subd. 5.
Insurance required; waiver of
liability limited. (a) An
owner of an inflatable that is subject to subdivision 2 shall maintain liability
insurance covering liability for a death or injury resulting from commercial
use of the inflatable with limits of no less than $1,000,000 per occurrence and
$2,000,000 aggregate per year. The
insurance shall also include medical payments coverage of no less than $5,000
per occurrence, which may be limited to injuries incurred while using an
inflatable, including getting on or off of the inflatable. The insurance must be issued by an insurance
company authorized to issue the coverage in this state by the commissioner of
commerce, and must be kept in force during the entire period of
registration. In the event of a policy
cancellation, the insurer will send written notice to the commissioner of labor
and industry at the same time that a cancellation request is received from or a
notice is sent to the insured.
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(b) A waiver of liability signed by or on behalf of a
minor for injuries arising out of the negligence of the owner or the owner's
employee or designee is void.
Subd. 6.
Registration required. An owner of an inflatable that is
subject to subdivision 2 must obtain and maintain a current registration with
the commissioner of labor and industry.
The registration information must include the name, address, telephone
number, and e-mail address of the owner, the street address of each facility at
which the owner regularly provides inflatables for commercial use in this state
by others, and a current insurance certificate of coverage proving full
compliance with subdivision 5. The
commissioner shall issue and renew a certificate of registration only to owners
who comply with this section. The commissioner
shall charge a registration fee of $100 for a two-year registration designed to
cover the cost of registration and enforcement.
Fee receipts must be deposited in the state treasury and credited to the
construction code fund. The registration
certificate shall be issued and renewed for a two-year period. The registrant shall promptly notify the
commissioner in writing of any changes in the registration information required
in this subdivision.
Subd. 7.
Enforcement. The commissioner of labor and industry
shall enforce this section and may use for that purpose section 326B.082 and
any powers otherwise available to the commissioner for enforcement purposes,
including suspension or revocation of the person's registration and assessment
of fines.
EFFECTIVE
DATE. This section is effective August 1,
2010.
Sec. 3. [326B.091] DEFINITIONS.
Subdivision 1.
Applicability. For purposes of sections 326B.091 to
326B.098, the terms defined in this section have the meanings given them.
Subd. 2.
Applicant. "Applicant" means a person
who has submitted to the department an application for a license.
Subd. 3.
License. "License" means any
registration, certification, or other form of approval authorized by chapters 326B
and 327B to be issued by the commissioner or department as a condition of doing
business or conducting a trade, profession, or occupation in Minnesota. License includes specifically but not
exclusively an authorization issued by the commissioner or department: to perform electrical work, plumbing or water
conditioning work, high pressure piping work, or residential building work of a
residential contractor, residential remodeler, or residential roofer; to install
manufactured housing; to serve as a building official; or to operate a boiler
or boat.
Subd. 4.
Licensee. "Licensee" means the person
named on the license as the person authorized to do business or conduct the
trade, profession, or occupation in Minnesota.
Subd. 5.
Notification date. "Notification date" means
the date of the written notification from the department to an applicant that
the applicant is qualified to take the examination required for licensure.
Subd. 6.
Renewal deadline. "Renewal deadline," when
used with respect to a license, means 30 days before the date that the license
expires.
Sec. 4. [326B.092] FEES.
Subdivision 1.
Licenses requiring examination
administered by commissioner. (a)
If the applicant for a license must pass an examination administered by the
commissioner in order to obtain the license, then the application for the
initial license must be accompanied by an application and examination fee of
$50, which is separate from the license fee.
The license fee is due after the applicant passes the examination and
before the license is issued.
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(b) If the applicant for a
Minnesota license holds a license in another state and is seeking Minnesota
licensure without examination based on reciprocity, then the application for
the Minnesota license must be accompanied by the application and examination
fee of $50, which is separate from the license fee. If the commissioner approves the application,
then the license fee is due before the license is issued.
Subd. 2. Licenses
not requiring examination administered by commissioner. If the applicant for a license is not
required to pass an examination in order to obtain the license, or is required
to pass an examination that is not administered by the commissioner, then the
license fee must accompany the application for the license. If the application is for a license issued
under sections 326B.802 to 326B.885 and is not an application for license
renewal, then the contractor recovery fund fee required under section 326B.89,
subdivision 3, is due after the department has determined that the applicant
meets the qualifications for licensing and before the license is issued.
Subd. 3. Late
fee. The department must
receive a complete application for license renewal by the renewal deadline but
not more than 90 days before the renewal deadline. If the department receives a renewal
application after the expiration of the license, then the renewal application
must be accompanied by a late fee equal to one-half of the license renewal fee;
except that, for the purpose of calculating the late fee only, the license
renewal fee shall not include any contractor recovery fund fee required by
section 326B.89, subdivision 3.
Subd. 4. Lapsed
licensed fee. If the
department receives a renewal application within two years after expiration of
the license, the renewal application must be accompanied by all license renewal
fees to cover the period that the license was expired, plus the late fee
described in subdivision 3 and the license renewal fee for the current renewal
period.
Subd. 5. Insufficient
fees. If the applicant does
not include all required fees with the application, then the application will
be incomplete and the department will notify the applicant of the amount of the
deficiency.
Subd. 6. Fees
nonrefundable. Application
and examination fees, license fees, license renewal fees, and late fees are
nonrefundable except for:
(1) license renewal fees
received more than two years after expiration of the license, as described in
section 326B.094, subdivision 2;
(2) any overpayment of fees;
and
(3) if the license is not
renewed, the contractor recovery fund fee and any additional assessment paid
under subdivision 7, paragraph (e).
Subd. 7. License
fees and license renewal fees. (a)
The license fee for each license except a renewed license shall be the base
license fee plus any applicable board fee, as set forth in this
subdivision. The license renewal fee for
each renewed license is the base license fee plus any applicable board fee, continuing
education fee, and contractor recovery fund fee and additional assessment, as
set forth in this subdivision.
(b) For purposes of this
section, "license duration" means the number of years for which the
license is issued except that:
(1) if the initial license
is not issued for a whole number of years, the license duration shall be
rounded up to the next whole number; and
(2) if the department
receives an application for license renewal after the renewal deadline, license
duration means the number of years for which the renewed license would have
been issued if the renewal application had been submitted on time and all other
requirements for renewal had been met.
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(c) The base license fee shall depend on whether the
license is classified as an entry level, master, journeyman, or business
license, and on the license duration.
The base license fee shall be:
License
Duration
License Classification 1 Year 2 Years 3 Years
Entry level $10 $20 $30
Journeyman $20 $40 $60
Master $40 $80 $120
Business $90 $180 $270
(d) If there is a continuing education requirement for renewal
of the license, then a continuing education fee must be included in the renewal
license fee. The continuing education
fee for all license classifications shall be:
$10 if the renewal license duration is one year; $20 if the renewal
license duration is two years; and $30 if the renewal license duration is three
years.
(e) If the license is issued under sections 326B.31 to
326B.59 or 326B.90 to 326B.93, then a board fee must be included in the license
fee and the renewal license fee. The
board fee for all license classifications shall be: $4 if the license duration is one year; $8 if
the license duration is two years; and $12 if the license duration is three
years.
(f) If the application is for the renewal of a license issued
under sections 326B.802 to 326B.885, then the contractor recovery fund fee
required under section 326B.89, subdivision 3, and any additional assessment
required under section 326B.89, subdivision 16, must be included in the license
renewal fee.
Sec. 5. [326B.093] LICENSES REQUIRING
EXAMINATION ADMINISTERED BY COMMISSIONER.
Subdivision 1.
Qualifications for
examination. If the applicant
for a license must pass an examination administered by the commissioner in
order to obtain the license, then the applicant's complete application must
demonstrate that the applicant is qualified to take the examination. The applicant is qualified to take the
examination if the applicant meets all requirements for the license except for
passing the examination.
Subd. 2.
Not qualified for examination. If the applicant is not qualified to
take the examination, then the commissioner must deny the application. The applicant may subsequently submit another
application, accompanied by the required fee.
Subd. 3.
Taking the examination. If the applicant is qualified to take
the examination, then the department must notify the applicant, and the
applicant may schedule a time to take the examination within one year after the
notification date. If the applicant does
not take the examination at the scheduled time, the applicant may, one time
only, reschedule a time to take the examination on a date within one year after
the notification date. If the applicant
fails to take the examination within one year after the notification date, the
commissioner must deny the application and the applicant forfeits the
application/examination fee. The
applicant may subsequently submit another application, accompanied by the
required application/examination fee.
Subd. 4.
Examination results. If the applicant receives a passing
score on the examination and meets all other requirements for licensure, the
commissioner must approve the application and notify the applicant of the
approval within 60 days of the date of the passing score. The applicant must, within 90 days after the
notification of approval, pay the license fee.
Upon receipt of the license fee, the commissioner must issue the
license. If the applicant does not pay
the license fee within 90 days after the notification of approval, the
commissioner will rescind the approval and must deny the application. If the applicant does not receive a passing
score on the examination, the commissioner must deny the application. If the application is denied because of the
applicant's failure to receive a passing score on the examination, then the
applicant cannot submit a new application for the license until at least 30
days after the notification of denial.
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Sec. 6. [326B.094] RENEWAL OF LICENSES.
Subdivision 1.
Expiration of licenses. Unless and until the department or
commissioner issues a renewal of a license, the license expires on the
expiration date printed on the license.
While the license is expired, the licensee cannot perform the activities
authorized by the license.
Subd. 2.
Availability of renewal. A licensee may apply to renew a
license no later than two years after the expiration of the license. If the department receives a complete renewal
application no later than two years after the expiration of the license, then
the department must approve or deny the renewal application within 60 days of
receiving the complete renewal application.
If the department receives a renewal application more than two years
after the expiration of the license, the department must return the renewal
license fee to the applicant without approving or denying the application. If the licensee wishes to obtain a valid
license more than two years after expiration of the license, the licensee must
apply for a new license.
Subd. 3.
Deadline for avoiding license
expiration. The department
must receive a complete application to renew a license no later than the
renewal deadline. If the department does
not receive a complete application by the renewal deadline, the license may
expire before the department has either approved or denied the renewal application.
Sec. 7. [326B.095] INCOMPLETE LICENSE
APPLICATIONS.
This section applies to both applications for initial
licenses and license renewal applications.
If the department determines that an application is incomplete, the
department must notify the applicant of the deficiencies that must be corrected
in order to complete the application. If
the applicant wishes to complete the application, the department must receive
the completed application within 90 days after the date the department mailed
or delivered the incomplete application to the applicant. If the department does not receive the
completed application by this deadline, the commissioner must deny the
application and the applicant will forfeit all fees except as provided in
section 326B.092, subdivision 6. If the
application is for license renewal and the department receives the corrected
application after the license has expired, then the corrected application must
be accompanied by the late fee.
Sec. 8. [326B.096] REINSTATEMENT OF LICENSES.
Subdivision 1.
Reinstatement after
revocation. (a) If a license
is revoked under this chapter and if an applicant for a license needs to pass
an examination administered by the commissioner before becoming licensed, then,
in order to have the license reinstated, the person who holds the revoked
license must:
(1) retake the examination and achieve a passing
score; and
(2) meet all other requirements for an initial
license, including payment of the application and examination fee and the
license fee. The person holding the
revoked license is not eligible for Minnesota licensure without examination
based on reciprocity.
(b) If a license is revoked under a chapter other than
this chapter, then, in order to have the license reinstated, the person who
holds the revoked license must:
(1) apply for reinstatement to the commissioner no
later than two years after the effective date of the revocation;
(2) pay a $100 reinstatement application fee and any
applicable renewal license fee; and
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(3) meet all applicable requirements for licensure,
except that, unless required by the order revoking the license, the applicant
does not need to retake any examination and does not need to repay a license
fee that was paid before the revocation.
Subd. 2.
Reinstatement after
suspension. If a license is
suspended, then, in order to have the license reinstated, the person who holds
the suspended license must:
(1) apply for reinstatement to the commissioner no
later than two years after the completion of the suspension period;
(2) pay a $100 reinstatement application fee and any
applicable renewal license fee; and
(3) meet all applicable requirements for licensure,
except that, unless required by the order suspending the license, the applicant
does not need to retake any examination and does not need to repay a license
fee that was paid before the suspension.
Subd. 3.
Reinstatement after voluntary
termination. A licensee who
is not an individual may voluntarily terminate a license issued to the person
under this chapter. If a licensee has
voluntarily terminated a license under this subdivision, then, in order to have
the license reinstated, the person who holds the terminated license must:
(1) apply for reinstatement to the commissioner no
later than the date that the license would have expired if it had not been
terminated;
(2) pay a $100 reinstatement application fee and any
applicable renewal license fee; and
(3) meet all applicable requirements for licensure,
except that the applicant does not need to repay a license fee that was paid
before the termination.
Sec. 9. [326B.097] PROHIBITION OF TRANSFER.
A licensee shall not transfer or sell any license.
Sec. 10. [326B.098] CONTINUING EDUCATION.
Subdivision 1.
Applicability. This section applies to seminars
offered by the department for the purpose of allowing licensees to meet
continuing education requirements for license renewal.
Subd. 2.
Rescheduling. An individual who is registered with
the department to attend a seminar may reschedule one time only, to attend the
same seminar on a date within one year after the date of the seminar the
individual was registered to attend.
Subd. 3.
Fees nonrefundable. All seminar fees paid to the
department are nonrefundable except for any overpayment of fees.
Sec. 11.
Minnesota Statutes 2008, section 326B.106, subdivision 9, is amended to
read:
Subd. 9. Accessibility. (a) Public
buildings. The code must provide for
making public buildings constructed or remodeled after July 1, 1963, accessible
to and usable by persons with disabilities, although this does not require the
remodeling of public buildings solely to provide accessibility and usability to
persons with disabilities when remodeling would not otherwise be undertaken.
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(b) Leased
space. No agency of the state may
lease space for agency operations in a non-state-owned building unless the building
satisfies the requirements of the State Building Code for accessibility by
persons with disabilities, or is eligible to display the state symbol of
accessibility. This limitation applies
to leases of 30 days or more for space of at least 1,000 square feet.
(c) Meetings or
conferences. Meetings or conferences
for the public or for state employees which are sponsored in whole or in part
by a state agency must be held in buildings that meet the State Building Code
requirements relating to accessibility for persons with disabilities. This subdivision does not apply to any
classes, seminars, or training programs offered by the Minnesota State Colleges
and Universities or the University of Minnesota. Meetings or conferences intended for specific
individuals none of whom need the accessibility features for persons with
disabilities specified in the State Building Code need not comply with this
subdivision unless a person with a disability gives reasonable advance notice
of an intent to attend the meeting or conference. When sign language interpreters will be
provided, meetings or conference sites must be chosen which allow hearing
impaired participants to see their signing clearly.
(d) Exemptions. The commissioner may grant an exemption
from the requirements of paragraphs (b) and (c) in advance if an agency has
demonstrated that reasonable efforts were made to secure facilities which
complied with those requirements and if the selected facilities are the best
available for access for persons with disabilities. Exemptions shall be granted using criteria
developed by the commissioner in consultation with the Council on
Disability.
(e) Symbol
indicating access. The wheelchair
symbol adopted by Rehabilitation International's Eleventh World Congress is the
state symbol indicating buildings, facilities, and grounds which are accessible
to and usable by persons with disabilities.
In the interests of uniformity, this symbol is the sole symbol for
display in or on all public or private buildings, facilities, and grounds which
qualify for its use. The secretary of
state shall obtain the symbol and keep it on file. No building, facility, or grounds may display
the symbol unless it is in compliance with the rules adopted by the
commissioner under subdivision 1. Before
any rules are proposed for adoption under this paragraph, the commissioner
shall consult with the Council on Disability.
Rules adopted under this paragraph must be enforced in the same way as
other accessibility rules of the State Building Code.
(f) Municipal
enforcement. Municipalities which
have not adopted the State Building Code may enforce the building code
requirements for persons with disabilities by either entering into a joint
powers agreement for enforcement with another municipality which has adopted
the State Building Code; or contracting for enforcement with an individual
certified under section 326B.133, subdivision 3, to enforce the State Building
Code.
Sec. 12.
Minnesota Statutes 2008, section 326B.133, subdivision 1, is amended to
read:
Subdivision 1. Designation. Each municipality shall designate a
building official to administer the code.
A municipality may designate no more than one building official
responsible for code administration defined by each certification category established
in rule created by statute or rule.
Two or more municipalities may combine in the designation of a building
official for the purpose of administering the provisions of the code within
their communities. In those
municipalities for which no building officials have been designated, the state
building official may use whichever state employees are necessary to perform
the duties of the building official until the municipality makes a temporary or
permanent designation. All costs incurred
by virtue of these services rendered by state employees must be borne by the
involved municipality and receipts arising from these services must be paid to
the commissioner.
Sec. 13.
Minnesota Statutes 2008, section 326B.133, is amended by adding a
subdivision to read:
Subd. 2a.
Application; renewal; fees;
expiration. (a) An applicant
for certification shall submit a completed application on a form approved by
the commissioner to the department. The commissioner
shall review applications for compliance with the requirements established by
rule.
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(b) Application for initial certification or renewal
certification as a building official, building official-limited, or
accessibility specialist shall be according to this section and sections
326B.092 to 326B.095.
(c) Fees shall be paid to the department according to
section 326B.092.
(d) Unless revoked or suspended under this chapter, all
certifications issued or renewed under this section expire two years from the
date of original issuance and every two years thereafter.
Sec. 14.
Minnesota Statutes 2008, section 326B.133, subdivision 3, is amended to
read:
Subd. 3. Certification criteria. The commissioner shall by rule establish
certification criteria as proof of qualification pursuant to subdivision
2. The commissioner may:
(1) develop and administer written and practical
examinations to determine if a person is qualified pursuant to subdivision 2 to
be a building official;
(2) accept documentation of successful completion of
testing programs developed and administered by nationally recognized testing
agencies, as proof of qualification pursuant to subdivision 2; or
(3) determine qualifications by satisfactory completion
of clause (2) and a mandatory training program developed or approved by the
commissioner.
Upon a determination of qualification under clause (1),
(2), or (3), the commissioner shall issue a certificate to the building
official stating that the official is certified. Each person applying for examination and
certification pursuant to this section shall pay a nonrefundable fee of $70. The commissioner or a designee may
establish categories of certification that will recognize the varying
complexities of code enforcement in the municipalities within the state. The commissioner shall provide educational
programs designed to train and assist building officials in carrying out their
responsibilities.
Sec. 15.
Minnesota Statutes 2008, section 326B.133, is amended by adding a
subdivision to read:
Subd. 3a.
Certification categories. (a) If a municipality has adopted or adopts
the State Building Code, the responsibilities for code administration and
enforcement are under the authority of its designated building official or the
certified building official-limited.
(b) Certified building official. This certification is identified as
"certified building official" on the certificate card. This certification is granted to an
individual who has met the certified building official requirements established
by rule and passed the written examination prepared by the state. A person with this certification may serve as
the designated building official for any municipality. For the purposes of calculating fees under
section 326B.092, certification as a building official is a master license.
(c) Certified building official-limited. This certification is identified as
"certified building official-limited" on the certification card. This certification is granted to an
individual who has met the certified building official-limited requirements
established by rule and passed the written examination prepared by the
state. An individual with this
certification may perform code administration for one- and two-family
dwellings, their accessory structures, and "exempt classes of
buildings" as provided in Minnesota Rules, part 1800.5000, of the Board of
Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,
and Interior Design, and "facilities for persons with physical
disabilities" that are governed by the State Building Code. Subject to the limitations of the building
official-limited certification, an individual with this certification may serve
as the designated building official for any municipality. Code administration for all other buildings
must be performed by a certified building official as defined in paragraph
(b). A certified building
official-limited may conduct inspections for other structures regulated by the
State Building Code under the direction of a designated certified building
official or the state building official.
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Day - Tuesday, May 11, 2010 - Top of Page 12212
Subject to all other
certification requirements, as of January 1, 2012, valid Class I certifications
shall be included in the certified building official-limited category upon the
next immediate renewal. For the purposes
of calculating fees under section 326B.092, certification as a building
official-limited is a journeyman license.
(d) Accessibility
specialist. This certification is
identified as accessibility specialist on the certification card. This certification is granted to an
individual who has met the "accessibility specialist" requirements
established by rule and passed the written examination prepared by the
state. An individual with this
classification is limited to the administration of those provisions of the
State Building Code that provide access for persons with disabilities. For the purposes of calculating fees under
section 326B.092, certification as an accessibility specialist is a journeyman
license.
Sec. 16. Minnesota Statutes 2008, section 326B.133,
subdivision 8, is amended to read:
Subd. 8. Continuing
education requirements; extension of time. (a) This subdivision establishes the
number of continuing education units required within each two-year
certification period.
A certified building
official shall accumulate 16 continuing education units in any education
program that is approved under Minnesota Rules, part 1301.1000.
A certified building
official-limited shall, in each year of the initial two-year certification
period, accumulate eight continuing education units in any education program
that is approved under Minnesota Rules, part 1301.1000. Continuing education units shall be reported
annually during the initial two-year certification period by the method
established in rule. A certified
building official-limited shall accumulate 16 continuing education units for
each two-year certification period thereafter in any education program that is
approved under Minnesota Rules, part 1301.1000.
An accessibility specialist
must accumulate four continuing education units in any of the programs
described in Minnesota Rules, part 1301.1000, subpart 1 or 2. The four units must be for courses relating
to building accessibility, plan review, field inspection, or building code
administration.
Continuing education
programs may be approved as established in rule.
(b) Subject to sections 326B.101
to 326B.194, the commissioner may by rule establish or approve continuing
education programs for certified building officials dealing with matters of
building code administration, inspection, and enforcement.
Each person certified as a
building official for the state must satisfactorily complete applicable
educational programs established or approved by the commissioner to retain
renew certification.
(c) The state building
official may grant an extension of time to comply with continuing education
requirements if the certificate holder requesting the extension of time shows
cause for the extension. The request for
the extension must be in writing. For
purposes of this section, the certificate holder's current certification
effective dates shall remain the same.
The extension does not relieve the certificate holder from complying
with the continuing education requirements for the next two-year period.
Sec. 17. Minnesota Statutes 2008, section 326B.133,
subdivision 11, is amended to read:
Subd. 11. Failure
to renew. An individual who has
failed to make a timely application for renewal of a certificate is not
certified and must not serve as the designated building official for any
municipality, or a certified building official, a certified building
official-limited, or an accessibility specialist until a renewed
certificate has been issued by the commissioner.
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Sec. 18. Minnesota Statutes 2008, section 326B.16, is
amended to read:
326B.16 ENFORCEMENT OF REQUIREMENTS FOR DISABLED PERSONS WITH
DISABILITIES.
Subdivision 1. Application. The State Building Code's requirements
for persons with disabilities apply statewide.
A statutory or home rule charter city that does not have in effect
an ordinance adopting the State Building Code is responsible for enforcement in
the city of the State Building Code's requirements for disabled persons
with disabilities. In all other
areas where there is no ordinance in effect adopting the State Building Code,
the county is responsible for enforcement of the State Building Code's
requirements for disabled persons with disabilities.
Subd. 2. Municipal
enforcement. Municipalities
which have not adopted the State Building Code shall enforce the State Building
Code's requirements for persons with disabilities by: (1) entering into a joint powers agreement
for enforcement with another municipality which has adopted the State Building
Code; (2) contracting for enforcement with an individual certified under
section 326B.133, subdivision 3, to enforce the State Building Code; or (3)
hiring or training their own staff.
Subd. 3. Responsibilities. Municipalities shall fulfill code
responsibilities including duties and responsibilities for code administration,
plan review, and inspection in accordance with the procedures established in
the State Building Code.
Subd. 4. Enforcement
by state building official. If
the commissioner determines that a municipality is not properly administering
and enforcing the State Building Code's requirements for persons with
disabilities, the commissioner may have the administration and enforcement in
the involved municipality undertaken by the state building official or by
another building official certified by the state. The commissioner shall notify the affected
municipality in writing immediately upon making the determination, and the
municipality may challenge the determination as a contested case before the
commissioner pursuant to the Administrative Procedure Act. The commissioner shall charge the fees set by
section 326B.153 for the administration and enforcement service rendered. Any cost to the state arising from the state
administration and enforcement of the State Building Code shall be borne by the
subject municipality.
Sec. 19. Minnesota Statutes 2008, section 326B.197, is
amended to read:
326B.197 BOND REQUIRED FOR CERTAIN CONTRACTORS.
(a) A person contracting to
do gas, heating, ventilation, cooling, air conditioning, fuel burning, or
refrigeration work must give and maintain bond to the state in the
amount of $25,000 for all work entered into within the state. The bond must be for the benefit of persons
suffering financial loss by reason of the contractor's failure to comply with
the requirements of the State Mechanical Code.
A bond given to the state must be filed with the commissioner of labor
and industry and is in lieu of all other bonds to any political subdivision
required for work covered by this section.
The bond must be written by a corporate surety licensed to do business
in the state.
(b) The commissioner of
labor and industry may charge each person giving bond under this section an
annual a biennial bond filing fee of $15 $100.
Sec. 20. Minnesota Statutes 2008, section 326B.33,
subdivision 18, is amended to read:
Subd. 18. Examination. In addition to the other requirements
described in this section and sections 326B.091 to 326B.098, and except
as provided in subdivision 20, as a precondition to issuance of a personal
license, each applicant must pass a written or oral examination developed and
administered by the commissioner to ensure the competence of each applicant for
license. An oral examination shall be
administered only to an applicant who furnishes a written statement from a certified
teacher or other professional, trained in the area of reading disabilities
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stating that the applicant
has a specific reading disability which would prevent the applicant from
performing satisfactorily on a written test.
The oral examination shall be structured so that an applicant who passes
the examination will not impair the applicant's own safety or that of others
while acting as a licensed individual. No
individual failing an examination may retake it for six months thereafter, but
within such six months the individual may take an examination for a lesser
grade of license. Any individual failing
to renew a personal license for two years or more after its expiration, and any
licensee whose personal license is revoked under this chapter, shall be
required to retake the examination before being issued a new license. An individual whose personal license is
revoked under any other chapter is not required to retake the examination
before being issued a new license, unless the personal license was revoked two
years or more before the commissioner received the completed application for a
new license. A licensee whose personal
license is suspended for any reason is not required to retake the examination
before the personal license is reinstated, unless the personal license has not
been reinstated within two years after the suspension began.
An applicant for a personal
license shall submit to the commissioner an application and examination fee at
the time of application. Upon approval
of the application, the commissioner shall schedule the applicant for the next available
examination, which shall be held within 60 days. The applicant shall be allowed one
opportunity to reschedule an examination without being required to submit
another application and examination fee.
Additionally, an applicant who fails an examination, or whose
application was not approved, shall submit another application and examination
fee.
Sec. 21. Minnesota Statutes 2009 Supplement, section
326B.33, subdivision 19, is amended to read:
Subd. 19. License,
registration, and renewal fees; expiration.
(a) Unless revoked or suspended under this chapter, all licenses
issued or renewed under this section expire on the date specified in this
subdivision. Master licenses expire
March 1 of each odd-numbered year after issuance or renewal. Electrical contractor licenses expire March 1
of each even-numbered year after issuance or renewal. Technology system contractor licenses expire
August 1 of each even-numbered year after issuance or renewal. All other personal licenses expire two years
from the date of original issuance and every two years thereafter. Registrations of unlicensed individuals
expire one year from the date of original issuance and every year thereafter.
(b) Fees for application and
examination, and for the original issuance and each subsequent renewal, are:
(1) For each personal
license application and examination:
$35;
(2) For original issuance
and each subsequent renewal of:
Class A Master or master
special electrician, including master elevator constructor: $40 per year;
Class B Master: $25 per year;
Power Limited
Technician: $15 per year;
Class A Journeyman, Class B
Journeyman, Installer, Elevator Constructor, Lineman, or Maintenance
Electrician other than master special electrician: $15 per year;
Contractor: $100 per year;
Unlicensed individual
registration: $15 per year.
(c) If any new license is
issued in accordance with this subdivision for less than two years, the fee for
the license shall be prorated on an annual basis.
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(d) A license fee may not be refunded after a license
is issued or renewed. However, if the
fee paid for a license was not prorated in accordance with this subdivision, the
amount of the overpayment shall be refunded.
(e) Any contractor who seeks reissuance of a license
after it has been revoked or suspended under this chapter shall submit a
reissuance fee of $100 before the license is reinstated.
(f) An individual or contractor who fails to renew a
license before 30 days after the expiration or registration of the license must
submit a late fee equal to one year's license fee in addition to the full
renewal fee. Fees for renewed licenses
or registrations are not prorated. An
individual or contractor that fails to renew a license or registration by the
expiration date is unlicensed until the license or registration is renewed.
(b) For purposes of calculating license fees and
renewal license fees required under section 326B.092:
(1) the registration of an unlicensed individual under
subdivision 12 shall be considered an entry level license;
(2) the following licenses shall be considered
journeyman licenses: Class A journeyman
electrician, Class B journeyman electrician, Class A installer, Class B
installer, elevator constructor, lineman, maintenance electrician, and power
limited technician;
(3) the following licenses shall be considered master
licenses: Class A master electrician,
Class B master electrician, and master elevator constructor; and
(4) the following licenses shall be considered business
licenses: Class A electrical contractor,
Class B electrical contractor, elevator contractor, and technology systems
contractor.
(c) For each filing of a certificate of responsible
person by an employer, the fee is $100.
Sec. 22.
Minnesota Statutes 2008, section 326B.33, subdivision 20, is amended to
read:
Subd. 20. Reciprocity. The commissioner may enter into reciprocity
agreements for personal licenses with another state if approved by the
board. Once approved by the board, the
commissioner may issue a personal license without requiring the applicant to
pass an examination provided the applicant:
(a) submits an application under this section;
(b) pays the application and examination fee and
license fee required under this section 326B.092; and
(c) holds a valid comparable license in the state
participating in the agreement.
Agreements are subject to the following:
(1) The parties to the agreement must administer a
statewide licensing program that includes examination and qualifying experience
or training comparable to Minnesota's.
(2) The experience and training requirements under
which an individual applicant qualified for examination in the qualifying state
must be deemed equal to or greater than required for an applicant making
application in Minnesota at the time the applicant acquired the license in the
qualifying state.
(3) The applicant must have acquired the license in the
qualifying state through an examination deemed equivalent to the same class of
license examination in Minnesota. A
lesser class of license may be granted where the applicant has acquired a
greater class of license in the qualifying state and the applicant otherwise
meets the conditions of this subdivision.
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(4) At the time of
application, the applicant must hold a valid license in the qualifying state
and have held the license continuously for at least one year before making
application in Minnesota.
(5) An applicant is not
eligible for a license under this subdivision if the applicant has failed the
same or greater class of license examination in Minnesota, or if the
applicant's license of the same or greater class has been revoked or suspended.
(6) An applicant who has
failed to renew a personal license for two years or more after its expiration
is not eligible for a license under this subdivision.
Sec. 23. Minnesota Statutes 2008, section 326B.33,
subdivision 21, is amended to read:
Subd. 21. Exemptions
from licensing. (a) An individual
who is a maintenance electrician is not required to hold or obtain a license
under sections 326B.31 to 326B.399 if:
(1) the individual is
engaged in the maintenance and repair of electrical equipment, apparatus, and
facilities that are owned or leased by the individual's employer and that are
located within the limits of property operated, maintained, and either owned or
leased by the individual's employer;
(2) the individual is
supervised by:
(i) the responsible master
electrician for a contractor who has contracted with the individual's employer
to provide services for which a contractor's license is required; or
(ii) a licensed master
electrician, a licensed maintenance electrician, an electrical engineer, or, if
the maintenance and repair work is limited to technology circuits or systems
work, a licensed power limited technician; and
(3) the individual's
employer has filed on file with the commissioner a current certificate
of responsible person, signed by the responsible master electrician of the
contractor, the licensed master electrician, the licensed maintenance
electrician, the electrical engineer, or the licensed power limited technician,
and stating that the person signing the certificate is responsible for ensuring
that the maintenance and repair work performed by the employer's employees
complies with the Minnesota Electrical Act and the rules adopted under that
act. The employer must pay a filing
fee to file a certificate of responsible person with the commissioner. The certificate shall expire two years from
the date of filing. In order to maintain
a current certificate of responsible person, the employer must resubmit a
certificate of responsible person, with a filing fee, no later than two years
from the date of the previous submittal.
(b) Employees of a licensed
electrical or technology systems contractor or other employer where provided
with supervision by a master electrician in accordance with subdivision 1, or
power limited technician in accordance with subdivision 7, paragraph (a),
clause (1), are not required to hold a license under sections 326B.31 to
326B.399 for the planning, laying out, installing, altering, and repairing of
technology circuits or systems except planning, laying out, or installing:
(1) in other than
residential dwellings, class 2 or class 3 remote control circuits that control
circuits or systems other than class 2 or class 3, except circuits that
interconnect these systems through communication, alarm, and security systems
are exempted from this paragraph;
(2) class 2 or class 3
circuits in electrical cabinets, enclosures, or devices containing physically
unprotected circuits other than class 2 or class 3; or
(3) technology circuits or
systems in hazardous classified locations as covered by chapter 5 of the
National Electrical Code.
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(c) Companies and their employees that plan, lay out, install,
alter, or repair class 2 and class 3 remote control wiring associated with plug
or cord and plug connected appliances other than security or fire alarm systems
installed in a residential dwelling are not required to hold a license under
sections 326B.31 to 326B.399.
(d) Heating, ventilating, air conditioning, and
refrigeration contractors and their employees are not required to hold or
obtain a license under sections 326B.31 to 326B.399 when performing heating,
ventilating, air conditioning, or refrigeration work as described in section
326B.38.
(e) Employees of any electrical, communications, or
railway utility, cable communications company as defined in section 238.02, or
a telephone company as defined under section 237.01 or its employees, or of any
independent contractor performing work on behalf of any such utility, cable
communications company, or telephone company, shall not be required to hold a
license under sections 326B.31 to 326B.399:
(1) while performing work on installations, materials,
or equipment which are owned or leased, and operated and maintained by such
utility, cable communications company, or telephone company in the exercise of
its utility, antenna, or telephone function, and which
(i) are used exclusively for the generation,
transformation, distribution, transmission, or metering of electric current, or
the operation of railway signals, or the transmission of intelligence and do
not have as a principal function the consumption or use of electric current or
provided service by or for the benefit of any person other than such utility,
cable communications company, or telephone company, and
(ii) are generally accessible only to employees of such
utility, cable communications company, or telephone company or persons acting
under its control or direction, and
(iii) are not on the load side of the service point or
point of entrance for communication systems;
(2) while performing work on installations, materials,
or equipment which are a part of the street lighting operations of such
utility; or
(3) while installing or performing work on outdoor area
lights which are directly connected to a utility's distribution system and
located upon the utility's distribution poles, and which are generally
accessible only to employees of such utility or persons acting under its
control or direction.
(f) An owner shall not be required to hold or obtain a
license under sections 326B.31 to 326B.399.
Sec. 24.
Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:
Subd. 1a.
Contractor. "Contractor" means a person
who performs or offers to perform any plumbing work, with or without
compensation, who is licensed as a contractor by the commissioner. Contractor includes plumbing contractors and
restricted plumbing contractors.
Sec. 25.
Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:
Subd. 8.
Plumbing contractor. "Plumbing contractor" means
a licensed contractor whose responsible licensed plumber is a licensed master
plumber.
Sec. 26.
Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:
Subd. 9.
Responsible licensed plumber. A contractor's "responsible
licensed plumber" means the licensed master plumber or licensed restricted
master plumber designated in writing by the contractor in the contractor's
license application, or in another manner acceptable to the commissioner, as
the individual responsible for the contractor's compliance with sections
326B.41 to 326B.49, all rules adopted under these sections and sections 326B.50
to 326B.59, and all orders issued under section 326B.082.
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of Page 12218
Sec. 27.
Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:
Subd. 10.
Restricted plumbing
contractor. "Restricted
plumbing contractor" means a licensed contractor whose responsible
licensed plumber is a licensed restricted master plumber.
Sec. 28.
Minnesota Statutes 2008, section 326B.44, is amended to read:
326B.44
LOCAL REGULATIONS.
Any of the following entities may, by ordinance, adopt
local regulations providing for plumbing permits, approval of plans and
specifications, and inspections of plumbing, which regulations are not in
conflict with the plumbing code: any city
having a system of waterworks or sewerage, regardless of population; any town
having a population of 5,000 or more according to the last federal census,
exclusive of any statutory cities located therein; and the Metropolitan
Airports Commission. No such entity
shall prohibit plumbers plumbing contractors licensed by the
commissioner from engaging in or working at the business of plumbing, except
cities and statutory cities which, prior to April 21, 1933, by ordinance
required the licensing of plumbers. No
such entity shall require any person who engages in the business of plumbing to
post a bond as a prerequisite for engaging in the business of plumbing, except
the bond to the state required under section 326B.46 and except any performance
bond required under a contract with the person for the performance of plumbing
work for the entity. No such entity
shall require any person who engages in the business of plumbing to maintain
public liability insurance as a prerequisite for engaging in the business of
plumbing, except the insurance required under section 326B.46 and except any
public liability insurance required under a contract with the person for the
performance of plumbing work for the entity.
No city or town may require a license for persons performing building
sewer or water service installation who have completed pipe laying training as
prescribed by the commissioner of labor and industry. Any city by ordinance may prescribe
regulations, reasonable standards, and inspections and grant permits to any
person engaged in the business of installing water softeners, who is not
licensed as a master plumber or journeyman plumber contractor by
the commissioner, to connect water softening and water filtering equipment to
private residence water distribution systems, where provision has been previously
made therefor and openings left for that purpose or by use of cold water
connections to a domestic water heater; where it is not necessary to rearrange,
make any extension or alteration of, or addition to any pipe, fixture or
plumbing connected with the water system except to connect the water softener,
and provided the connections so made comply with minimum standards prescribed
by the Plumbing Board.
Sec. 29.
Minnesota Statutes 2008, section 326B.46, as amended by Laws 2009,
chapter 78, article 5, section 14, and chapter 109, section 13, is amended to
read:
326B.46
LICENSING, BOND AND INSURANCE.
Subdivision 1. License required. (a) No person individual
shall engage in or work at the business of a master plumber, restricted master
plumber, journeyman plumber, and restricted journeyman plumber unless licensed
to do so by the state commissioner.
A license is not required for individuals performing building sewer or
water service installation who have completed pipe laying training as prescribed
by the commissioner of labor and industry. A master plumber may also work as a
journeyman plumber, a restricted journeyman plumber, and a restricted master
plumber. A journeyman plumber may also
work as a restricted journeyman plumber.
Anyone not so licensed may do plumbing work which complies with the
provisions of the minimum standards prescribed by the Plumbing Board on
premises or that part of premises owned and actually occupied by the worker as
a residence, unless otherwise forbidden to do so by a local ordinance.
(b) No person shall engage in the business of planning,
superintending, or installing plumbing or shall install plumbing in connection
with the dealing in and selling of plumbing material and supplies unless at all
times a licensed master plumber, or in cities and towns with a population of
fewer than 5,000 according to the last federal census, a restricted
master plumber, who shall be responsible for proper installation, is in charge
of the plumbing work of the person, firm, or corporation.
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(c) Except as provided in subdivision 2, no person shall
perform or offer to perform plumbing work with or without compensation unless
the person obtains a contractor's license.
A contractor's license does not of itself qualify its holder to perform
the plumbing work authorized by holding a master, journeyman, restricted
master, or restricted journeyman license.
Subd. 1a.
Exemptions from licensing. (a) An individual without a contractor
license may do plumbing work on the individual's residence in accordance with
subdivision 1, paragraph (a).
(b) An individual who is an employee working on the
maintenance and repair of plumbing equipment, apparatus, or facilities owned or
leased by the individual's employer and which is within the limits of property
owned or leased, and operated or maintained by the individual's employer, shall
not be required to maintain a contractor license as long as the employer has on
file with the commissioner a current certificate of responsible person. The certificate must be signed by the
responsible master plumber or, in an area of the state that is not a city or
town with a population of more than 5,000 according to the last federal census,
restricted master plumber, and must state that the person signing the
certificate is responsible for ensuring that the maintenance and repair work
performed by the employer's employees comply with sections 326B.41 to 326B.49,
all rules adopted under those sections and sections 326B.50 to 326B.59, and all
orders issued under section 326B.082.
The employer must pay a filing fee to file a certificate of responsible
person with the commissioner. The
certificate shall expire two years from the date of filing. In order to maintain a current certificate of
responsible person, the employer must resubmit a certificate of responsible
person, with a filing fee, no later than two years from the date of the
previous submittal. The filing of the
certificate of responsible person does not exempt any employee of the employer
from the requirements of this chapter regarding individual licensing as a
plumber or registration as a plumber's apprentice.
(c) If a contractor employs a licensed plumber, the
licensed plumber does not need a separate contractor license to perform
plumbing work on behalf of the employer within the scope of the licensed
plumber's license.
Subd. 1b.
Employment of master plumber
or restricted master plumber. (a)
Each contractor must designate a responsible licensed plumber, who shall be
responsible for the performance of all plumbing work in accordance with
sections 326B.41 to 326B.49, all rules adopted under these sections and
sections 326B.50 to 326B.59, and all orders issued under section 326B.082. A plumbing contractor's responsible licensed
plumber must be a master plumber. A
restricted plumbing contractor's responsible licensed plumber must be a master
plumber or a restricted master plumber.
A plumbing contractor license authorizes the contractor to offer to
perform and, through licensed and registered individuals, to perform plumbing
work in all areas of the state. A
restricted plumbing contractor license authorizes the contractor to offer to
perform and, through licensed and registered individuals, to perform plumbing
work in all areas of the state except in cities and towns with a population of
more than 5,000 according to the last federal census.
(b) If the contractor is an individual or sole
proprietorship, the responsible licensed plumber must be the individual,
proprietor, or managing employee. If the
contractor is a partnership, the responsible licensed plumber must be a general
partner or managing employee. If the
contractor is a limited liability company, the responsible licensed plumber
must be a chief manager or managing employee.
If the contractor is a corporation, the responsible licensed plumber
must be an officer or managing employee.
If the responsible licensed plumber is a managing employee, the
responsible licensed plumber must be actively engaged in performing plumbing
work on behalf of the contractor, and cannot be employed in any capacity as a
plumber for any other contractor. An
individual may be the responsible licensed plumber for only one contractor.
(c) All applications and renewals for contractor
licenses shall include a verified statement that the applicant or licensee has
complied with this subdivision.
Subd. 2. Bond; insurance. Any person contracting to do plumbing
work must give As a condition of licensing, each contractor shall give
and maintain bond to the state in the amount of at least $25,000 for (1)
all plumbing work entered into within the state or (2) all plumbing work and
subsurface sewage treatment work entered into within the
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state. If the
bond is for both plumbing work and subsurface sewage treatment work, the bond
must comply with the requirements of this section and section 115.56,
subdivision 2, paragraph (e). The bond
shall be for the benefit of persons injured or suffering financial loss by
reason of failure to comply with the requirements of the State Plumbing Code
and, if the bond is for both plumbing work and subsurface sewage treatment
work, financial loss by reason of failure to comply with the requirements of
sections 115.55 and 115.56. The bond
shall be filed with the commissioner and shall be written by a corporate surety
licensed to do business in the state.
In addition, each applicant for a master plumber
license or restricted master plumber license, or renewal thereof, shall provide
evidence of as a condition of licensing, each contractor shall have and
maintain in effect public liability insurance, including products liability
insurance with limits of at least $50,000 per person and $100,000 per
occurrence and property damage insurance with limits of at least $10,000. The insurance shall be written by an insurer
licensed to do business in the state of Minnesota and each licensed master
plumber shall maintain on file with the commissioner a certificate evidencing
the insurance providing that the insurance shall not be canceled without the
insurer first giving 15 days written notice to the commissioner. The term of the insurance shall be
concurrent with the term of the license.
Subd. 3. Bond and insurance exemption. If a master plumber or restricted master
plumber who is in compliance with the bond and insurance requirements of
subdivision 2, employs a licensed plumber, the employee plumber shall not be
required to meet the bond and insurance requirements of subdivision 2. An individual who is an employee working on
the maintenance and repair of plumbing equipment, apparatus, or facilities
owned or leased by the individual's employer and which is within the limits of
property owned or leased, and operated or maintained by the individual's
employer, shall not be required to meet the bond and insurance requirements of
subdivision 2.
Subd. 4. Fee.
(a) Each person giving bond to the state under subdivision 2 shall pay
the department a bond registration fee of $40 for one year or $80 for two
years.
(b) The commissioner shall in a manner determined by
the commissioner, without the need for any rulemaking under chapter 14, phase
in the bond registration from one year to two years so that the expiration of
bond registration corresponds with the expiration of the license issued under
section 326B.475 or 326B.49, subdivision 1.
Subd. 5. Exterior connections. Persons licensed as manufactured home
installers under chapter 327B are not required to be licensed under sections
326B.42 to 326B.49 when connecting the exterior building drain sewer outlets to
the aboveground building sewer system and when connecting the exterior water
line to the aboveground water system to the manufactured home as described in
National Manufactured Housing Construction and Safety Standards Act of 1974,
United States Code, title 42, section 5401 et seq. No additional licensure, bond, or insurance
related to the scope of work permitted under this subdivision may be required
of a licensed manufactured home installer by any unit of government.
Subd. 6.
Well contractor exempt from
licensing and bond; conditions. No
license, registration, or bond under sections 326B.42 to 326B.49 is required of
a well contractor or a limited well/boring contractor who is licensed and
bonded under section 103I.525 or 103I.531 and is engaged in the work or
business of installing (1) water service pipe from a well to a pressure tank or
a frost-free water hydrant with an antisiphon device which is located entirely
outside of a structure requiring potable water, or (2) a temporary shut-off
valve on a well water service pipe. For
the purposes of this subdivision, "temporary" means a time period not
to exceed six months. This subdivision
expires one year after the date of enactment.
Sec. 30.
Minnesota Statutes 2008, section 326B.47, is amended to read:
326B.47
PLUMBER'S APPRENTICES.
Subdivision 1. Registration; supervision; records. (a) All plumber's apprentices must
be registered. To be a registered
plumber's apprentice, an individual must either:
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(1) be an individual employed in the trade of plumbing
under an apprenticeship agreement approved by the department under Minnesota
Rules, part 5200.0300; or
(2) be an unlicensed individual registered with the
commissioner under subdivision 3.
(b) A plumber's apprentice is
authorized to assist in the installation of plumbing only while under the
direct supervision of a master, restricted master, journeyman, or restricted
journeyman plumber. The master,
restricted master, journeyman, or restricted journeyman plumber is responsible
for ensuring that all plumbing work performed by the plumber's apprentice
complies with the plumbing code. The
supervising master, restricted master, journeyman, or restricted journeyman
must be licensed and must be employed by the same employer as the plumber's
apprentice. Licensed individuals shall
not permit plumber's apprentices to perform plumbing work except under the
direct supervision of an individual actually licensed to perform such work. Plumber's apprentices shall not supervise the
performance of plumbing work or make assignments of plumbing work to unlicensed
individuals.
(c) Contractors employing plumber's apprentices to
perform plumbing work shall maintain records establishing compliance with this subdivision
that shall identify all plumber's apprentices performing plumbing work, and
shall permit the department to examine and copy all such records.
Subd. 2. Journeyman exam. A plumber's apprentice who has completed
four years of practical plumbing experience is eligible to take the journeyman
plumbing examination. Up to 24 months of
practical plumbing experience prior to becoming a plumber's apprentice may be
applied to the four-year experience requirement. However, none of this practical plumbing
experience may be applied if the individual did not have any practical plumbing
experience in the 12-month period immediately prior to becoming a plumber's
apprentice. The Plumbing Board may adopt
rules to evaluate whether the individual's past practical plumbing experience
is applicable in preparing for the journeyman's examination. If two years after completing the training
the individual has not taken the examination, the four years of experience
shall be forfeited.
The commissioner may allow an extension of the
two-year period for taking the exam for cases of hardship or other appropriate
circumstances.
Subd. 3. Registration, rules, applications,
renewals, and fees. An unlicensed
individual may register by completing and submitting to the commissioner a
registration an application form provided by the commissioner,
with all fees required by section 326B.092.
A completed registration application form must state the
date the individual began training, the individual's age, schooling, previous
experience, and employer, and other information required by the
commissioner. The board may prescribe
rules, not inconsistent with this section, for the registration of unlicensed
individuals. Each applicant for
initial registration as a plumber's apprentice shall pay the department an
application fee of $25. Applications
for initial registration may be submitted at any time. Registration must be renewed annually and
shall be for the period from July 1 of each year to June 30 of the following
year. Applications for renewal
registration must be received by the commissioner by June 30 of each
registration period on forms provided by the commissioner, and must be
accompanied by a fee of $25. An
application for renewal registration received on or after July 1 in any year
but no more than three months after expiration of the previously issued
registration must pay the past due renewal fee plus a late fee of $25. No applications for renewal registration will
be accepted more than three months after expiration of the previously issued
registration.
Sec. 31.
Minnesota Statutes 2008, section 326B.475, subdivision 2, is amended to
read:
Subd. 2. Use of license. A restricted master plumber and
restricted journeyman plumber may engage in the plumbing trade in all areas of
the state except in cities and towns with a population of more than 5,000
according to the last federal census.
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Sec. 32.
Minnesota Statutes 2009 Supplement, section 326B.475, subdivision 4, is
amended to read:
Subd. 4. Renewal; use period for license. (a) A restricted master plumber and
restricted journeyman plumber license must be renewed for as long as that
licensee engages in the plumbing trade. Notwithstanding
section 326B.094, failure to renew a restricted master plumber and
restricted journeyman plumber license within 12 months after the expiration
date will result in permanent forfeiture of the restricted master plumber and
restricted journeyman plumber license.
(b) The commissioner shall in a manner determined by
the commissioner, without the need for any rulemaking under chapter 14, phase
in the renewal of restricted master plumber and restricted journeyman plumber
licenses from one year to two years. By
June 30, 2011, all restricted master plumber and restricted journeyman plumber
licenses shall be two-year licenses.
Sec. 33.
Minnesota Statutes 2009 Supplement, section 326B.49, subdivision 1, is
amended to read:
Subdivision 1. Application, examination, and license
fees. (a) Applications for master
and journeyman plumber's license licenses shall be made to
the commissioner, with fee all fees required by section 326B.092. Unless the applicant is entitled to a
renewal, the applicant shall be licensed by the commissioner only after passing
a satisfactory examination developed and administered by the commissioner,
based upon rules adopted by the Plumbing Board, showing fitness. Examination fees for both journeyman and
master plumbers shall be $50 for each examination. Upon being notified of having successfully
passed the examination for original license the applicant shall submit an
application, with the license fee herein provided. The license fee for each initial master
plumber's license shall be $240. The
license fee for each initial journeyman plumber's license shall be $110.
(b) All initial master and journeyman plumber's
licenses shall be effective for more than one calendar year and shall expire on
December 31 of the year after the year in which the application is made. The license fee for each renewal master
plumber's license shall be $120 for one year or $240 for two years. The license fee for each renewal journeyman
plumber's license shall be $55 for one year or $110 for two years. All master plumber's licenses shall
expire on December 31 of each even-numbered year after issuance or
renewal. The commissioner shall in a
manner determined by the commissioner, without the need for any rulemaking
under chapter 14, phase in the renewal of master and journeyman plumber's
licenses from one year to two years. By
June 30, 2011, all renewed master and journeyman plumber's licenses shall be
two-year licenses.
(c) Any licensee who does not renew a license
within two years after the license expires is no longer eligible for
renewal. Such an individual must retake
and pass the examination before a new license will be issued. A journeyman or master plumber who submits a
license renewal application after the time specified in rule but within two
years after the license expired must pay all past due renewal fees plus a late
fee of $25. Applications for
contractor licenses shall be made to the commissioner, with all fees required
by section 326B.092. All contractor
licenses shall expire on December 31 of each odd-numbered year after issuance
or renewal.
(d) For purposes of calculating license fees and
renewal license fees required under section 326B.092:
(1) the following licenses shall be considered
business licenses: plumbing contractor
and restricted plumbing contractor;
(2) the following licenses shall be considered master
licenses: master plumber and restricted
master plumber;
(3) the following licenses shall be considered
journeyman licenses: journeyman plumber
and restricted journeyman plumber; and
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(4) the registration of a plumber's apprentice under
section 326B.47, subdivision 3, shall be considered an entry level license.
(e) For each filing of a certificate of responsible
person by an employer, the fee is $100.
Sec. 34.
Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:
Subd. 1a.
Responsible licensed master. "Responsible licensed
master" means the licensed water conditioning master or licensed master
plumber designated in writing by the water conditioning contractor in the water
conditioning contractor's license application, or in another manner acceptable
to the commissioner, as the individual responsible for the water conditioning
contractor's compliance with sections 326B.50 to 326B.59, all rules adopted
under these sections, the Minnesota Plumbing Code, and all orders issued under
section 326B.082.
Sec. 35.
Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:
Subd. 2a.
Water conditioning contractor. "Water conditioning
contractor" means a person who performs or offers to perform any water
conditioning installation or water conditioning servicing, with or without
compensation, who is licensed as a water conditioning contractor by the
commissioner.
Sec. 36.
Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:
Subd. 3a.
Water conditioning journeyman. "Water conditioning
journeyman" means an individual, other than a water conditioning master,
who has demonstrated practical knowledge of water conditioning installation and
servicing, and who is licensed by the commissioner as a water conditioning
journeyman.
Sec. 37.
Minnesota Statutes 2008, section 326B.50, is amended by adding a subdivision
to read:
Subd. 3b.
Water conditioning master. "Water conditioning master"
means an individual who has demonstrated skill in planning, superintending,
installing, and servicing water conditioning installations, and who is licensed
by the commissioner as a water conditioning master.
Sec. 38.
Minnesota Statutes 2008, section 326B.54, is amended to read:
326B.54
VIOLATIONS TO BE REPORTED TO COMMISSIONER.
Such local authority as may be designated by any such
ordinance for the issuance of such water conditioning installation and
servicing permits and approval of such plans shall report to the commissioner
persistent or willful violations of the same and any incompetence of a licensed
water conditioning contractor, licensed water conditioning master, or
licensed water conditioning installer journeyman observed by the
local authority.
Sec. 39.
Minnesota Statutes 2008, section 326B.55, as amended by Laws 2010,
chapter 183, section 13, is amended to read:
326B.55
LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
Subdivision 1. Licensing.
(a) Except as provided in paragraph (d), no individual shall
perform water conditioning installation or water conditioning servicing unless
licensed by the commissioner as a master plumber, journeyman plumber, water
conditioning master, or water conditioning journeyman, or, in all areas of the
state except in cities and towns with a population of more than 5,000 according
to the last federal census, as a restricted master plumber or restricted
journeyman plumber.
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(b) Except as provided in paragraph (e), no person
shall perform or offer to perform water conditioning installation or water
conditioning servicing with or without compensation unless the person obtains a
water conditioning contractor's license.
A water conditioning contractor's license does not of itself qualify its
holder to perform the water conditioning installation or water conditioning
servicing authorized by holding a water conditioning master or water conditioning
journeyman license.
(c) Except as provided in paragraph (d), no person
shall engage in or work at the business of water conditioning installation or
servicing anywhere in the state unless (1) at all times an individual
licensed as a master plumber or water conditioning contractor
master by the commissioner shall be, who is responsible for
the proper installation and servicing, is in charge of the water
conditioning installation and servicing work of such person, and (2) all
installations, other than.
If a water conditioning contractor employs a licensed
master, restricted master, journeyman or restricted journeyman plumber, or a
licensed water conditioning master or journeyman, then the licensed individual
does not need a separate water conditioning contractor license to perform water
conditioning installation or servicing on behalf of the employer within the
scope of the individual's plumber license.
(d) No water conditioning contractor, water
conditioning master, or water conditioning journeyman license is required:
(1) for exchanges of portable water
conditioning equipment, are performed by a licensed water conditioning
contractor or licensed water conditioning installer. Any individual not so licensed may; or
(2) for an individual to perform
water conditioning work that complies with the minimum standards prescribed by
the Plumbing Board on premises or that part of premises owned and occupied by
the worker individual as a residence, unless otherwise prohibited
by a local ordinance. The scope of work
that a master plumber, restricted master plumber, journeyman plumber, or
restricted journeyman plumber is authorized to perform as an employee of a
licensed water conditioning contractor shall be limited to the scope of work
that the licensed water conditioning contractor is licensed to perform.
Subd. 2. Qualifications for licensing. (a) A water conditioning contractor
master license shall be issued only to an individual who has demonstrated
skill in planning, superintending, and servicing water conditioning
installations, and has successfully passed the examination for water
conditioning contractors masters.
A water conditioning installer journeyman license shall
only be issued to an individual other than a water conditioning contractor
master who has demonstrated practical knowledge of water conditioning
installation, and has successfully passed the examination for water
conditioning installers journeymen. A water conditioning installer
journeyman must successfully pass the examination for water conditioning contractors
masters before being licensed as a water conditioning contractor
master.
(b) Each water conditioning contractor must designate a
responsible licensed master plumber or a responsible licensed water
conditioning master, who shall be responsible for the performance of all water
conditioning installation and servicing in accordance with the requirements of
sections 326B.50 to 326B.59, all rules adopted under sections 326B.50 to
326B.59, the Minnesota Plumbing Code, and all orders issued under section
326B.082. If the water conditioning
contractor is an individual or sole proprietorship, the responsible licensed
master must be the individual, proprietor, or managing employee. If the water conditioning contractor is a
partnership, the responsible licensed master must be a general partner or
managing employee. If the water
conditioning contractor is a limited liability company, the responsible
licensed master must be a chief manager or managing employee. If the water conditioning contractor is a
corporation, the responsible licensed master must be an officer or managing
employee. If the responsible licensed
master is a managing employee, the responsible licensed master must be actively
engaged in performing water conditioning work on behalf of the water
conditioning contractor and cannot be employed in any capacity as a water
conditioning master or water conditioning journeyman for any other water
conditioning contractor. An individual
must not be the responsible licensed master for more than one water
conditioning contractor.
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(c) All applications and renewals for water
conditioning contractor licenses shall include a verified statement that the
applicant or licensee has complied with paragraph (b).
(d) Each application and renewal for a water
conditioning master license, water conditioning journeyman license, or a water conditioning
contractor license shall be accompanied by all fees required by section
326B.092.
Subd. 3. Commissioner. The commissioner shall:
(1) license water conditioning contractors, water
conditioning masters, and installers water conditioning journeymen;
and
(2) collect an examination fee from each examinee
for a license as a water conditioning contractor and an examination fee from
each examinee for a license as a water conditioning installer in an amount set
forth in section 326B.58 the fees required by section 326B.092.
Subd. 4.
Plumber's apprentices. (a) A plumber's apprentice who is
registered under section 326B.47 is authorized to assist in water conditioning
installation and water conditioning servicing only while under the direct supervision
of a master plumber, journeyman plumber, water conditioning master, or water
conditioning journeyman. The master or
journeyman is responsible for ensuring that all water conditioning work
performed by the plumber's apprentice complies with the plumbing code and rules
adopted under sections 326B.50 to 326B.59.
The supervising master or journeyman must be licensed and must be
employed by the same employer as the plumber's apprentice. Licensed individuals shall not permit
plumber's apprentices to perform water conditioning work except under the
direct supervision of an individual actually licensed to perform such
work. Plumber's apprentices shall not
supervise the performance of plumbing work or make assignments of plumbing work
to unlicensed individuals.
(b) Water conditioning contractors employing plumber's
apprentices to perform water conditioning work shall maintain records
establishing compliance with this subdivision that shall identify all plumber's
apprentices performing water conditioning work, and shall permit the department
to examine and copy all such records.
Sec. 40.
Minnesota Statutes 2008, section 326B.56, as amended by Laws 2009,
chapter 78, article 5, section 18, is amended to read:
326B.56 ALTERNATIVE
STATE BONDING AND INSURANCE REGULATION.
Subdivision 1. Bonds.
(a) An applicant for a water conditioning contractor or installer
license or renewal thereof who is required by any political subdivision to give
a bond to obtain or maintain the license, may comply with any political
subdivision bonding requirement by giving As a condition of licensing,
each water conditioning contractor shall give and maintain a bond to the
state as described in paragraph (b). No
applicant for a water conditioning contractor or installer license who
maintains the bond under paragraph (b) shall be otherwise required to meet the
bond requirements of any political subdivision.
(b) Each bond given to the state under this subdivision
shall be in the total sum of $3,000 conditioned upon the faithful and lawful
performance of all water conditioning contracting or installing work
installation or servicing done within the state. The bond shall be for the benefit of persons
suffering injuries or damages due to the work.
The bond shall be filed with the commissioner and shall be written by a
corporate surety licensed to do business in this state. The bond must remain in effect at all times
while the application is pending and while the license is in effect.
Subd. 2. Insurance.
(a) Each applicant for a water conditioning contractor or
installer license or renewal thereof who is required by any political
subdivision to maintain insurance to obtain or maintain the license may comply
with any political subdivision's insurance requirement by maintaining As
a condition of licensing, each
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water conditioning contractor shall have and maintain
in effect the insurance described in paragraph (b). No applicant for a water conditioning
contractor or installer license who maintains the insurance described in
paragraph (b) shall be otherwise required to meet the insurance requirements of
any political subdivision.
(b) The insurance shall
provide coverage, including products liability coverage, for all damages in
connection with licensed work for which the licensee is liable, with personal
damage limits of at least $50,000 per person and $100,000 per occurrence and
property damage insurance with limits of at least $10,000. The insurance shall be written by an insurer
licensed to do business in this state and a certificate evidencing the
insurance shall be filed with the commissioner.
The insurance must remain in effect at all times while the application
is pending and while the license is in effect.
The insurance shall not be canceled without the insurer first giving 15
days' written notice to the commissioner.
Subd. 3. Bond
and insurance exemption. A water
conditioning contractor or installer who is an employee of a water conditioning
contractor or installer, including an employee engaged in the maintenance and
repair of water conditioning equipment, apparatus, or facilities owned, leased
and operated, or maintained by the employer, is not required to meet the bond
and insurance requirements of subdivisions 1 and 2 or of any political
subdivision.
Subd. 4. Fee. (a) The commissioner shall collect a $40
bond registration fee for one year or $80 for two years from each applicant for
issuance or renewal of a water conditioning contractor or installer license who
elects to proceed under subdivisions 1 and 2.
(b) The commissioner shall
in a manner determined by the commissioner, without the need for any rulemaking
under chapter 14, phase in the bond registration from one year to two years so
that the expiration of bond registration corresponds with the expiration of the
license issued under section 326B.55.
Sec. 41. Minnesota Statutes 2009 Supplement, section 326B.58,
is amended to read:
326B.58 FEES; RENEWAL.
(a) Examination fees for
both water conditioning contractors and water conditioning installers shall be
$50 for each examination. Each
initial water conditioning contractor and installer master and water
conditioning journeyman license shall be effective for more than one
calendar year and shall expire on December 31 of the year after the year in
which the application is made. The
license fee for each initial water conditioning contractor's license shall be
$140, except that the license fee shall be $105 if the application is submitted
during the last three months of the calendar year. The license fee for each renewal water
conditioning contractor's license shall be $70 for one year or $140 for two years. The license fee for each initial water
conditioning installer license shall be $70, except that the license fee shall
be $52.50 if the application is submitted during the last three months of the
calendar year. The license fee for each
renewal water conditioning installer license shall be $35 for one year or $70
for two years.
(b) The commissioner shall
in a manner determined by the commissioner, without the need for any rulemaking
under chapter 14, phase in the renewal of water conditioning contractor and
installer master and journeyman licenses from one year to two
years. By June 30, 2011, all renewed
water conditioning contractor and installer licenses shall be two-year
licenses. The commissioner
Plumbing Board may by rule prescribe for the expiration and renewal of
licenses.
(c) Any licensee who does
not renew a license within two years after the license expires is no longer
eligible for renewal. Such an individual
must retake and pass the examination before a new license will be issued. A water conditioning contractor or water
conditioning installer who submits a license renewal application after the time
specified in rule but within two years after the license expired must pay all
past due renewal fees plus a late fee of $25 All water conditioning
contractor licenses shall expire on December 31 of the year after issuance or
renewal.
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(d) For purposes of
calculating license fees and renewal fees required under section 326B.092:
(1) a water conditioning
journeyman license shall be considered a journeyman license;
(2) a water conditioning
master license shall be considered a master license; and
(3) a water conditioning
contractor license shall be considered a business license.
Sec. 42. Minnesota Statutes 2008, section 326B.805,
subdivision 6, is amended to read:
Subd. 6. Exemptions. The license requirement does not apply
to:
(1) an employee of a
licensee performing work for the licensee;
(2) a material person,
manufacturer, or retailer furnishing finished products, materials, or articles
of merchandise who does not install or attach the items;
(3) an owner of residential
real estate who builds or improves any structure on residential real estate, if
the building or improving is performed by the owner's bona fide employees or by
individual owners personally. This exemption
does not apply to an owner who constructs or improves property for purposes of
speculation if the building or improving is performed by the owner's bona fide
employees or by individual owners personally.
A residential building contractor or residential remodeler will be
presumed to be building or improving for purposes of speculation if the
contractor or remodeler constructs or improves more than one property within
any 24‑month period;
(4) an architect or
professional engineer engaging in professional practice as defined by section
326.02, subdivisions 2 and 3;
(5) a person whose total
gross annual receipts for performing specialty skills for which licensure would
be required under this section do not exceed $15,000;
(6) a mechanical contractor;
(7) a plumber, electrician,
or other person whose profession is otherwise subject to statewide licensing,
when engaged in the activity which is the subject of that licensure;
(8) specialty contractors
who provide only one special skill as defined in section 326B.802;
(9) a school district, or a
technical college governed under chapter 136F; and
(10) Habitat for Humanity
and Builders Outreach Foundation, and their individual volunteers when engaged
in activities on their behalf.
To qualify for the exemption
in clause (5), a person must obtain a certificate of exemption from licensure
from the commissioner. A certificate of
exemption will be issued upon the applicant's filing with the commissioner, an
affidavit stating that the applicant does not expect to exceed $15,000 in gross
annual receipts derived from performing services which require licensure under
this section during the calendar year in which the affidavit is
received. For the purposes of
calculating fees under section 326B.092, a certificate of exemption is an entry
level license. To renew the
exemption in clause (5), the applicant must file an affidavit stating that the
applicant did not exceed $15,000 in gross annual receipts during the past
calendar year. If a person, operating
under the exemption in clause (5), exceeds $15,000 in gross receipts during any
calendar year, the person must immediately surrender the
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exemption certificate of exemption
and apply for the appropriate license.
The person must remain licensed until such time as the person's gross
annual receipts during a calendar year fall below $15,000. The person may then apply for an exemption
for the next calendar year.
Sec. 43.
Minnesota Statutes 2009 Supplement, section 326B.815, subdivision 1, is
amended to read:
Subdivision 1. Licensing fee Fees. (a) The licensing fee for persons
licensed pursuant to sections 326B.802 to 326B.885, except for manufactured
home installers, is $200 for a two-year period.
The For the purposes of calculating fees under section 326B.092,
an initial or renewed residential contractor, residential remodeler, or
residential roofer license is a business license. Notwithstanding section 326B.092, the
licensing fee for manufactured home installers under section 327B.041 is $300
for a three-year period.
(b) All initial and renewal licenses, except
for manufactured home installer licenses, shall be effective for two years and
shall expire on March 31 of the year after the year in which the application is
made. The license fee for each
renewal of a residential contractor, residential remodeler, or residential
roofer license shall be $100 for one year and $200 for two years.
(c) The commissioner shall in a manner determined by
the commissioner, without the need for any rulemaking under chapter 14, phase
in the renewal of residential contractor, residential remodeler, and
residential roofer licenses from one year to two years. By June 30, 2011, all renewed residential
contractor, residential remodeler, and residential roofer licenses shall be
two-year licenses.
Sec. 44.
Minnesota Statutes 2008, section 326B.83, subdivision 1, is amended to
read:
Subdivision 1. Form.
(a) An applicant for a license under sections 326B.802 to
326B.885 must submit an application, under oath and accompanied by the license
fee fees required by section 326B.815 326B.092, on a
form prescribed by the commissioner. Within
30 business days of receiving all required information, the commissioner must
act on the license request.
(b) If one of the categories in the
application does not apply, the applicant must identify the category and state
the reason the category does not apply.
The commissioner may refuse to issue a license if the application is not
complete or contains unsatisfactory information.
Sec. 45.
Minnesota Statutes 2008, section 326B.83, subdivision 3, is amended to
read:
Subd. 3. Examination. (a) Each qualifying person must satisfactorily
complete pass a written examination for the type of license
requested. The commissioner may
establish the examination qualifications, including related education
experience and education, the examination procedure, and the examination for
each licensing group. The examination
must include at a minimum the following areas:
(1) appropriate knowledge of technical terms commonly
used and the knowledge of reference materials and code books to be used for
technical information; and
(2) understanding of the general principles of
business management and other pertinent state laws.
(b) Each examination must be designed for the
specified type of license requested.
(c) An individual's passing examination results expire
two years from the examination date. An
individual who passes the examination but does not choose to apply to act as a
qualifying person for a licensee within two years from the examination date,
must, upon application provide:
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(1) passing examination
results within two years from the date of application; or
(2) proof that the person
has fulfilled the continuing education requirements in section 326B.821 in the
manner required for a qualifying person of a licensee for each license period
after the expiration of the examination results.
Sec. 46. Minnesota Statutes 2008, section 326B.83,
subdivision 6, is amended to read:
Subd. 6. License. A nonresident of Minnesota may be
licensed as a residential building contractor, residential remodeler,
residential roofer, or manufactured home installer upon compliance with all the
provisions of sections 326B.092 to 326B.098 and 326B.802 to 326B.885.
Sec. 47. Minnesota Statutes 2009 Supplement, section
326B.86, subdivision 1, is amended to read:
Subdivision 1. Bond. (a) Licensed manufactured home installers
and licensed residential roofers must post a biennial surety bond in the
name of the licensee with the commissioner, conditioned that the applicant
shall faithfully perform the duties and in all things comply with all laws,
ordinances, and rules pertaining to the license or permit applied for and all
contracts entered into. The biennial bond
must be continuous and maintained for so long as the licensee remains
licensed. The aggregate liability of the
surety on the bond to any and all persons, regardless of the number of claims
made against the bond, may not exceed the amount of the bond. The bond may be canceled as to future
liability by the surety upon 30 days' written notice mailed to the commissioner
by regular mail.
(b) A licensed residential
roofer must post a bond of at least $15,000.
(c) A licensed manufactured
home installer must post a bond of at least $2,500.
Bonds issued under sections
326B.802 to 326B.885 are not state bonds or contracts for purposes of sections
8.05 and 16C.05, subdivision 2.
Sec. 48. Minnesota Statutes 2008, section 326B.865, is
amended to read:
326B.865 SIGN CONTRACTOR; BOND.
(a) A sign contractor may
post a compliance bond with the commissioner, conditioned that the sign
contractor shall faithfully perform duties and comply with laws, ordinances,
rules, and contracts entered into for the installation of signs. The bond must be renewed annually
biennially and maintained for so long as determined by the
commissioner. The aggregate liability of
the surety on the bond to any and all persons, regardless of the number of
claims made against the bond, may not exceed the annual amount of the
bond. The bond may be canceled as to
future liability by the surety upon 30 days' written notice mailed to the
commissioner by United States mail.
(b) The amount of the bond
shall be $8,000. The bond may be drawn
upon only by a local unit of government that requires sign contractors to post
a compliance bond. The bond is in lieu
of any compliance bond required by a local unit of government.
(c) For purposes of this
section, "sign" means a device, structure, fixture, or placard using
graphics, symbols, or written copy that is erected on the premises of an
establishment including the name of the establishment or identifying the
merchandise, services, activities, or entertainment available on the premises.
Sec. 49. Minnesota Statutes 2008, section 326B.921,
subdivision 2, is amended to read:
Subd. 2. High
pressure pipefitting business license. Before
obtaining a permit for high pressure piping work, a person must obtain or
utilize a business with a high pressure piping business license.
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A person must have at all times as a full-time
employee at least one individual holding a contracting high pressure pipefitter
competency license. Only full-time
employees who hold contracting high pressure pipefitter licenses are authorized
to obtain high pressure piping permits in the name of the business. The contracting high pressure pipefitter
competency license holder can be the employee of only one high pressure piping
business at a time. An application for
a high pressure piping business license shall include a verified statement that
the applicant or licensee has complied with this subdivision.
To retain its business license without reapplication,
a person holding a high pressure piping business license that ceases to employ
an individual holding a contracting high pressure pipefitter competency license
shall have 60 days from the last day of employment of its previous contracting
pipefitter competency license holder to employ another license holder. The department must be notified no later than
five days after the last day of employment of the previous license holder.
No high pressure pipefitting work may be performed
during any period when the high pressure pipefitting business does not have a
contracting high pressure pipefitter competency license holder on staff. If a license holder is not employed within 60
days after the last day of employment of the previous license holder, the
pipefitting business license shall lapse.
The board shall prescribe by rule procedures for
application for and issuance of business licenses.
Sec. 50.
Minnesota Statutes 2008, section 326B.921, subdivision 4, is amended to
read:
Subd. 4. Registration with commissioner. An unlicensed individual may register to
assist in the practical construction and installation of high pressure piping
and appurtenances while in the employ of a licensed high pressure piping
business by completing and submitting to the commissioner a registration form
provided by the commissioner, with all fees required by section 326B.092. The board may prescribe rules, not
inconsistent with this section, for the registration of unlicensed
individuals.
An unlicensed individual applying for initial
registration shall pay the department an application fee of $50. Applications for initial
registration may be submitted at any time.
Registration must be renewed annually and shall be valid for one
calendar year beginning January 1. Applications
for renewal registration must be submitted to the commissioner before December
31 of each registration period on forms provided by the commissioner, and must
be accompanied by a fee of $50. There
shall be no refund of fees paid.
Sec. 51.
Minnesota Statutes 2008, section 326B.921, subdivision 7, is amended to
read:
Subd. 7. License fee, registration, and
renewal fees. The department
shall charge the following license fees:
(a) application for journeyman high pressure
pipefitter competency license, $120;
(b) renewal of journeyman high pressure pipefitter
competency license, $80;
(c) application for contracting high pressure
pipefitter competency license, $270;
(d) renewal of contracting high pressure pipefitter
competency license, $240;
(e) application for high pressure piping business
license, $450;
(f) application to inactivate a contracting high
pressure pipefitter competency license or inactivate a journeyman high pressure
pipefitter competency license, $40; and
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(g) renewal of an inactive
contracting high pressure pipefitter competency license or inactive journeyman
high pressure pipefitter competency license, $40.
If an application for
renewal of an active or inactive journeyman high pressure pipefitter competency
license or active or inactive contracting high pressure pipefitter competency
license is received by the department after the date of expiration of the
license, a $30 late renewal fee shall be added to the license renewal fee.
Payment must accompany the
application for a license or renewal of a license. There shall be no refund of
fees paid.
For purposes of calculating
license, registration, and renewal fees required under section 326B.092:
(1) the registration of an
unlicensed individual under subdivision 4 is an entry level license;
(2) a journeyman high
pressure pipefitter license is a journeyman license;
(3) a contracting high
pressure pipefitter license is a master license; and
(4) a high pressure piping
business license is a business license.
Sec. 52. Minnesota Statutes 2008, section 326B.922, is
amended to read:
326B.922 LICENSE APPLICATION AND RENEWAL.
(a) Application for a
contracting high pressure pipefitter competency or, a journeyman
high pressure pipefitter competency, or a high pressure piping
business license shall be made to the department, with all fees
required by section 326B.092.
(b) The applicant for a
contracting high pressure pipefitter or a journeyman high pressure pipefitter
license shall be licensed only after passing an examination developed and
administered by the department in accordance with rules adopted by the
board. A competency license issued by
the department shall expire on December 31 of each year. A renewal application must be received by the
department within one year after expiration of the competency license. A license that has been expired for more than
one year cannot be renewed, and can only be reissued if the applicant submits a
new application for the competency license, pays a new application fee, and
retakes and passes the applicable license examination.
(c) All initial contracting
high pressure pipefitter licenses, journeyman high pressure pipefitter
licenses, and high pressure piping business licenses are effective for more
than one calendar year and expire on December 31 of the year after the year in
which the application is made. The
commissioner shall in a manner determined by the commissioner, without the need
for any rulemaking under chapter 14, phase in the renewal of contracting high
pressure pipefitter, journeyman high pressure pipefitter, and high pressure
piping business licenses from one year to two years. By June 30, 2012, all such licenses shall be
two-year licenses.
Sec. 53. Minnesota Statutes 2009 Supplement, section
326B.94, subdivision 4, is amended to read:
Subd. 4. Examinations,
licensing. Every individual that
operates a boat must hold a current master's license issued by the
commissioner, unless the individual holds a valid, current charter boat
captain's license issued by the United States Coast Guard. The commissioner shall develop and
administer an examination for all masters of boats carrying passengers for hire
on the inland waters of the state as to their qualifications and fitness. If found qualified and competent to perform
their duties as a master of a boat carrying passengers for hire, they shall be
issued a license authorizing them to act as such on the inland waters of the
state. All initial master's licenses
shall be for two
Journal of the House - 102nd
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years. The commissioner shall in a manner determined
by the commissioner, without the need for any rulemaking under chapter 14,
phase in the renewal of master's licenses from one year to two years. By June 30, 2011, all renewed master's licenses
shall be two-year licenses. Fees for the
original issue and renewal of the license authorized under this section shall
be pursuant to section 326B.986, subdivision 2 326B.092.
Sec. 54.
Minnesota Statutes 2008, section 326B.978, subdivision 2, is amended to
read:
Subd. 2. Applications. Any individual who desires an engineer's
license shall submit an application on a written or electronic form prescribed
by the commissioner, at least 15 days before the requested exam date. If the commissioner approves the applicant
for examination, the applicant may take the examination on one occasion within
one year from the date the commissioner receives the application with
all fees required by section 326B.092.
Sec. 55.
Minnesota Statutes 2008, section 326B.978, is amended by adding a
subdivision to read:
Subd. 19.
Applicability. This section shall not apply to
traction or hobby boiler engineer's licenses or provisional licenses.
Sec. 56.
Minnesota Statutes 2009 Supplement, section 326B.986, subdivision 5, is
amended to read:
Subd. 5. Boiler engineer license fees. (a) For the following licenses, the
nonrefundable license and application fee is:
(1) chief engineer's license, $70;
(2) first class engineer's license, $70;
(3) second class engineer's license, $70;
(4) special engineer's license, $40;
(5) traction or hobby boiler engineer's license, $50;
and
(6) provisional license, $50.
(b) An engineer's license, except a provisional license,
may be renewed upon application and payment of a renewal fee of $20 for one
year or $40 for two years. If the
renewal fee is paid later than 30 days after expiration, then a late fee of $15
will be added to the renewal fee.
(a) For purposes of calculating license fees and
renewal license fees required under section 326B.092:
(1) the boiler special engineer license is an entry
level license;
(2) the following licenses are journeyman
licenses: first class engineer, Grade A;
first class engineer, Grade B; first class engineer, Grade C; second class
engineer, Grade A; second class engineer, Grade B; second class engineer, Grade
C; and provisional license; and
(3) the following licenses are master licenses: boiler chief engineer, Grade A; boiler chief
engineer, Grade B; boiler chief engineer, Grade C; boiler commissioner
inspector; and traction or hobby boiler engineer.
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(b) Notwithstanding section 326B.092, subdivision 7,
paragraph (a), the license duration for steam traction and hobby engineer
licenses are one year only for the purpose of calculating license fees under
section 326B.092, subdivision 7, paragraph (b).
Sec. 57.
Minnesota Statutes 2008, section 327.31, subdivision 17, is amended to
read:
Subd. 17. Installation. "Installation" of a
manufactured home means assembly installation or reinstallation, at
the site of occupancy, of all portions of a manufactured home, connection of
the manufactured home to existing utility connections and installation of
support and/or anchoring systems.
Sec. 58.
Minnesota Statutes 2008, section 327.31, is amended by adding a
subdivision to read:
Subd. 21.
Used manufactured home. "Used manufactured home"
means a home being offered for sale not less than 24 months after the first
purchaser took legal ownership or possession of the home.
Sec. 59.
Minnesota Statutes 2008, section 327.31, is amended by adding a
subdivision to read:
Subd. 22.
Seller. "Seller" means either the
homeowner, manufactured home retailer or dealer, broker, or limited dealer or
retailer.
Sec. 60.
Minnesota Statutes 2008, section 327.32, subdivision 1, is amended to
read:
Subdivision 1. Requirement; new manufactured homes. No person shall sell, or offer for
sale, in this state, any new manufactured home manufactured
after July 1, 1972, or manufacture any manufactured home in this state
or install for occupancy any manufactured home manufactured after July 1,
1972, in any manufactured home park in this state unless the manufactured
home complies with the Manufactured Home Building Code and: bears a label as required by the
secretary.
(a) bears a seal issued by the commissioner, and is,
whenever possible, accompanied by a certificate by the manufacturer or dealer,
both evidencing that it complies with the Manufactured Home Building Code; or
(b) if manufactured after June 14, 1976, bears a label
as required by the secretary.
Sec. 61.
Minnesota Statutes 2008, section 327.32, is amended by adding a
subdivision to read:
Subd. 1a.
Requirement; used manufactured
homes. No person shall sell
or offer for sale in this state any used manufactured home manufactured after
June 14, 1976, or install for occupancy any used manufactured home manufactured
after June 14, 1976, unless the used manufactured home complies with the Notice
of Compliance Form as provided in this subdivision. If manufactured after June 14, 1976, the home
must bear a label as required by the secretary.
The Notice of Compliance Form shall be signed by the seller and
purchaser indicating which party is responsible for either making or paying for
any necessary corrections prior to the sale and transferring ownership of the
manufactured home.
The Notice
of Compliance Form shall be substantially in the following form:
"Notice of
Compliance Form as required in Minnesota Statutes, section 327.32, subdivision
1.
This notice
must be completed and signed by the purchaser(s) and the seller(s) of the used
manufactured home described in the purchase agreement and on the bottom of this
notice before the parties transfer ownership of a used manufactured home
constructed after June 14, 1976.
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Electric ranges and clothes
dryers must have required four-conductor cords and plugs.
Complies .......... Correction
required ..........
Initialed by Responsible
Party: Buyer .......... Seller ..........
Solid fuel-burning
fireplaces or stoves must be listed for use in manufactured homes, Code of
Federal Regulations, title 24, section 3280.709(g), and installed correctly in
accordance with their listing or standards (i.e., chimney, doors, hearth,
combustion, or intake, etc., Code of Federal Regulations, title 24, section
3280.709(g)).
Complies .......... Correction
required ..........
Initialed by Responsible
Party: Buyer .......... Seller ..........
Gas water heaters and
furnaces must be listed for manufactured home use, Code of Federal Regulations,
title 24, section 3280.709(a) and (d)(1) and (2), and installed correctly, in
accordance with their listing or standards.
Complies .......... Correction
required ..........
Initialed by Responsible
Party: Buyer .......... Seller ..........
Smoke alarms are required to
be installed and operational in accordance with Code of Federal Regulations,
title 24, section 3280.208.
Complies .......... Correction
required ..........
Initialed by Responsible
Party: Buyer .......... Seller ..........
Carbon monoxide alarms or CO
detectors that are approved and operational are required to be installed within
ten feet of each room lawfully used for sleeping purposes.
Complies .......... Correction
required ..........
Initialed by Responsible
Party: Buyer .......... Seller ..........
Egress windows are required
in every bedroom with at least one operable window with a net clear opening of
20 inches wide and 24 inches high, five square feet in area, with the bottom of
windows opening no more than 36 inches above the floor. Locks, latches, operating handles, tabs, or
other operational devices shall not be located more than 54 inches above the
finished floor.
Complies .......... Correction
required ..........
Initialed by Responsible
Party: Buyer .......... Seller ..........
The furnace compartment of
the home is required to have interior finish with a flame spread rating not
exceeding 25 feet, as specified in the 1976 United States Department of Housing
and Urban Development Code governing manufactured housing construction.
Complies .......... Correction
required ..........
Initialed by Responsible
Party: Buyer .......... Seller ..........
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of Page 12235
The water
heater enclosure in this home is required to have interior finish with a flame
spread rating not exceeding 25 feet, as specified in the 1976 United States
Department of Housing and Urban Development Code governing manufactured housing
construction.
Complies
.......... Correction
required ..........
Initialed by
Responsible Party: Buyer .......... Seller
..........
The home
complies with the snowload and heat zone requirements for the state of
Minnesota as indicated by the data plate.
Complies
.......... Correction
required ..........
Initialed by
Responsible Party: Buyer .......... Seller
..........
The parties
to this agreement have initialed all required sections and agree by their
signature to complete any necessary corrections prior to the sale or transfer
of ownership of the home described below as listed in the purchase agreement. The state of Minnesota or a local building
official has the authority to inspect the home in the manner described in
Minnesota Statutes, section 327.33, prior to or after the sale to ensure
compliance was properly executed as provided under the Manufactured Home
Building Code.
Signature of
Purchaser(s) of Home
..............................date.............................. ..............................date..............................
................................................................... ...................................................................
Print name
as appears on purchase agreement Print
name as appears on purchase agreement
Signature of
Seller(s) of Home
..............................date.............................. ..............................date..............................
................................................................... ...................................................................
Print name
and license number, if applicable Print
name and license number, if applicable
(Street address of home at time of
sale)
...............................................................................................................................................
(City/State/Zip)..................................................................................................................
Name of manufacturer of home...................................................................................
Model and Year.................................................................................................................
Serial Number................................................................................................................... "
Sec. 62. Minnesota
Statutes 2008, section 327.32, is amended by adding a subdivision to read:
Subd. 1b.
Alternative design plan. An alternative frost-free design slab
that is submitted to the department, stamped by a licensed professional
engineer or architect, and is in compliance with either the federal
installation standards in effect at the date of manufacture or the Minnesota
State Building Code, when applicable, shall be issued a permit by the
department within ten days.
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Sec. 63. Minnesota Statutes 2008, section 327.32, is
amended by adding a subdivision to read:
Subd. 1c. Manufacturer's
installation instructions; new home.
All new single-section manufactured homes and new multisection
manufactured homes shall be installed in compliance with either the
manufacturer's installation instructions in effect at the date of manufacture
or, when applicable, the Minnesota State Building Code.
Sec. 64. Minnesota Statutes 2008, section 327.32, is
amended by adding a subdivision to read:
Subd. 1d. Manufacturer's
installation instructions; used multisection homes. All used multisection manufactured
homes shall be installed in compliance with the manufacturer's installation
instructions in effect at the date of manufacture, approved addenda or, when
applicable, the Minnesota State Building Code.
Sec. 65. Minnesota Statutes 2008, section 327.32, is
amended by adding a subdivision to read:
Subd. 1e. Reinstallation
requirements for single-section used manufactured homes. (a) All single-section used
manufactured homes reinstalled less than 24 months from the date of
installation by the first purchaser must be reinstalled in compliance with
subdivision 1c. All single-section used
manufactured homes reinstalled more than 24 months from the date of
installation by the first purchaser may be reinstalled without a frost-protected
foundation if the home is reinstalled in compliance with Minnesota Rules,
chapter 1350, for above frost-line installations and the notice requirement of
subdivision 1f is complied with by the seller and the purchaser of the
single-section used manufactured home.
(b) The installer shall
affix an installation seal issued by the department to the outside of the home
as required by the Minnesota State Building Code. The certificate of installation issued by the
installer of record shall clearly state that the home has been reinstalled with
an above frost-line foundation. Fees for
inspection of a reinstallation and for issuance of reinstallation seals shall
follow the requirements of sections 326B.802 to 326B.885. Fees for review of plans, specifications, and
on-site inspections shall be those as specified in section 326B.153,
subdivision 1, paragraph (c). Whenever
an installation certificate for an above frost-line installation is issued to a
single-section used manufactured home being listed for sale, the purchase
agreement must disclose that the home is installed on a nonfrost-protected
foundation and recommend that the purchaser have the home inspected to
determine the effects of frost on the home.
Sec. 66. Minnesota Statutes 2008, section 327.32, is
amended by adding a subdivision to read:
Subd. 1f. Notice
requirement. The seller of
the single-section used manufactured home being reinstalled under subdivision
1e shall provide the following notice to the purchaser and secure signatures of
all parties to the purchase agreement on or before signing a purchase agreement
prior to submitting an application for an installation certificate. Whenever a current owner of a manufactured
home reinstalls the manufactured home under subdivision 1e, the current owner
is not required to comply with the notice requirement under this
subdivision. The notice shall be in at
least 14-point font, except the heading, "WHICH MAY VOID WARRANTY,"
must be in capital letters, in 20-point font.
The notice must be printed on a separate sheet of paper in a color different
than the paper on which the purchase agreement is printed. The notice becomes a part of the purchase
agreement and shall be substantially in the following form:
"Notice of Reinstalling of a Single-Section Used Manufactured Home Above
Frost-Line;
WHICH MAY VOID WARRANTY
It is recommended that the
single-section used manufactured home being reinstalled follow the instructions
in the manufacturer's installation manual.
By signing this notice, the purchaser(s) are acknowledging they have
elected to use footings placed above the local frost line in accordance with
the Minnesota State Building Code.
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Top of Page 12237
The seller
has explained the differences between the manufacturer's installation
instructions and the installation system selected by the purchaser(s) with
respect to possible effects of frost on the manufactured home.
The
purchaser(s) acknowledge by signing this notice that there is no manufacturer's
original warranty remaining on the home and recognize that any other extended
or ancillary warranty could be adversely affected if any applicable warranty
stipulates that the home be installed in accordance with the manufacturer's
installation manual to remain effective.
After the
reinstallation of the manufactured home, it is highly recommended that the
purchaser(s) have a licensed manufactured home installer recheck the home's
installation for any releveling needs or anchoring system adjustments each
freeze-thaw cycle.
The
purchaser(s) of the used manufactured home described below that is being
reinstalled acknowledge they have read this notice and have been advised to
contact the manufacturer of the home and/or the Department of Labor and
Industry if they desire additional information before signing this notice. It is the intent of this notice to inform the
purchaser(s) that the purchaser(s) elected not to use a frost-protected
foundation system for the reinstallation of the manufactured home as originally
required by the home's installation manual.
Plain
language notice.
I understand that because this home will be installed with
footings placed above the local frost line, this home may be subject to adverse
effects from frost heave that may damage this home. Purchaser(s) initials: .......
I understand that the installation of this home with footings
placed above the local frost line could affect my ability to obtain a mortgage
or mortgage insurance on this home.
Purchaser(s) initials: .......
I understand that the installation of this home with footings
placed above the local frost line could void my warranty on the home if any
warranty is still in place on this home.
Purchaser(s) initials: .......
Signature of Purchaser(s)
..............................date.............................. ..............................date..............................
................................................................... ...................................................................
Print name Print
name
(Street
address of location where manufactured home is being reinstalled)
.........................................................................................................................................
(City/State/Zip)...........................................................................................................
Name of manufacturer of home.............................................................................
Model and year...........................................................................................................
Serial number..............................................................................................................
Name of
licensed installer and license number or homeowner responsible for the
installation of the home as described above.
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Top of Page 12238
Installer
name:...................................................................................................
License number:................................................................................................"
Sec. 67.
Minnesota Statutes 2008, section 327.34, subdivision 1, is amended to
read:
Subdivision 1. Generally.
It shall be a misdemeanor for any person,
(a) to sell, lease, or offer to sell or lease, any
manufactured home manufactured after July 1, 1972 June 14, 1976,
which does not comply with the Manufactured Home Building Code or which does
not bear a seal or label as required by sections 327.31 to 327.34, unless the
action is subject to the provisions of section 327.35;
(b) to affix a seal or label, or cause a seal or label to be
affixed, to any manufactured home which does not comply with the Manufactured
Home Building Code unless the action is subject to the provisions of section
327.35;
(c) to alter a manufactured home manufactured after July
1, 1972 June 14, 1976, in a manner prohibited by sections 327.31 to
327.34; or
(d) to fail to correct a Manufactured Home Building Code
violation in a manufactured home manufactured after July 1, 1972 June
14, 1976, which is owned, manufactured, or sold by that person, within 40
days of being ordered to do so in writing by an authorized representative of
the commissioner, unless the correction is subject to the provisions of section
327.35; or.
(e) to interfere with, obstruct, or hinder any authorized
representative of the commissioner in the performance of duties relating to
manufactured homes manufactured after July 1, 1972, and prior to June 15, 1976.
Sec. 68.
Minnesota Statutes 2008, section 327B.04, subdivision 2, is amended to
read:
Subd. 2. Subagency licenses. Any dealer who has a place of business at
more than one location shall designate one location as its principal place of business,
one name as its principal name, and all other established places of business as
subagencies. A subagency license shall
be required for each subagency. Subagency
license renewal must coincide with the principal license date. No dealer shall do business as a dealer
under any other name than the name on its license.
Sec. 69.
Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7, is
amended to read:
Subd. 7. Licenses; when granted renewal. In addition to the requirements of
this section, each application for a license or license renewal must be
accompanied by a fee in an amount established by subdivision 7a all
applicable fees required by section 326B.092. The fees shall be set in an amount which over
the fiscal biennium will produce revenues approximately equal to the expenses
which the commissioner expects to incur during that fiscal biennium while
administering and enforcing sections 327B.01 to 327B.12. The commissioner shall grant or deny a
license application or a renewal application within 60 days of its filing. If the license is granted, the
commissioner shall license the applicant as a dealer or manufacturer for the
remainder of the licensure period. Upon
application by the licensee, the commissioner shall renew the license for a
two-year period, if:
(1) the renewal application satisfies the requirements of
subdivisions 3 and 4;
(2) the renewal applicant has made all listings,
registrations, notices and reports required by the commissioner during the preceding
licensure period; and
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(3) the renewal applicant
has paid all fees owed pursuant to sections 327B.01 to 327B.12 and all taxes,
arrearages, and penalties owed to the state.
Sec. 70. Minnesota Statutes 2009 Supplement, section
327B.04, subdivision 7a, is amended to read:
Subd. 7a. Fees. (a) Fees for licenses issued pursuant to
this section are as follows: shall
be calculated pursuant to section 326B.092.
(1) initial dealer license
for principal location, $400. Fee is not
refundable;
(2) initial dealer license
for subagency location, $80;
(3) dealer license biennial
renewal, principal location, $400; dealer subagency location biennial renewal,
$160. Subagency license renewal must
coincide with the principal license date;
(4) initial limited dealer
license, $200;
(5) change of bonding
company, $10;
(6) reinstatement of bond
after cancellation notice has been received, $10;
(7) checks returned without
payment, $15; and
(8) change of address, $10.
(b) All initial limited
dealer licenses shall be effective for more than one calendar year and shall
expire on December 31 of the year after the year in which the application is
made.
(c) The license fee for
each renewed limited dealer license shall be $100 for one year and $200 for two
years. For the purposes of
calculating fees under section 326B.092, any license issued under this section
is a business license, except that a subagency license is a master
license. The commissioner shall in a
manner determined by the commissioner, without the need for any rulemaking
under chapter 14, phase in the renewal of limited dealer licenses from one year
to two years. By June 30, 2011, all
renewed limited dealer licenses shall be two-year licenses.
(d) All fees are not
refundable.
Sec. 71. Minnesota Statutes 2009 Supplement, section
327B.04, subdivision 8, is amended to read:
Subd. 8. Limited
dealer's license. The commissioner
shall issue a limited dealer's license to an owner of a manufactured home park
authorizing the licensee as principal only to engage in the sale, offering for
sale, soliciting, or advertising the sale of used manufactured homes located in
the owned manufactured home park. The
licensee must be the title holder of the homes and may engage in no more than
ten sales during each year of the two-year licensure period. An owner may, upon payment of the applicable
fee and compliance with this subdivision, obtain a separate license for each
owned manufactured home park and is entitled to sell up to 20 homes per license
period provided that only one limited dealer license may be issued for each
park. The license shall be issued after:
(1) receipt of an
application on forms provided by the commissioner containing the following
information:
(i) the identity of the
applicant;
(ii) the name under which
the applicant will be licensed and do business in this state;
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(iii) the name and address
of the owned manufactured home park, including a copy of the park license,
serving as the basis for the issuance of the license;
(iv) the name, home, and
business address of the applicant;
(v) the name, address, and
telephone number of one individual that is designated by the applicant to
receive all communications and cooperate with all inspections and
investigations of the commissioner pertaining to the sale of manufactured homes
in the manufactured home park owned by the applicant;
(vi) whether the applicant
or its designated individual has been convicted of a crime within the previous
ten years that is either related directly to the business for which the license
is sought or involved fraud, misrepresentation or misuse of funds, or has
suffered a judgment in a civil action involving fraud, misrepresentation, or
conversion within the previous five years or has had any government license or
permit suspended or revoked as a result of an action brought by a federal or
state governmental agency in this or any other state within the last five
years; and
(vii) the applicant's
qualifications and business history, including whether the applicant or its
designated individual has ever been adjudged bankrupt or insolvent, or has any
unsatisfied court judgments outstanding against it or them;
(2) payment of the license
fee established by subdivision 7a; and
(3) provision of a surety
bond in the amount of $5,000. A separate
surety bond must be provided for each limited license.
The applicant need not
comply with section 327B.04, subdivision 4, paragraph (e). The holding of a limited dealer's license
does not satisfy the requirement contained in section 327B.04, subdivision 4,
paragraph (e), for the licensee or salespersons with respect to obtaining a
dealer license. The commissioner may,
upon application for a renewal of a license, require only a verification that
copies of sales documents have been retained and payment of the renewal fee
fees established by subdivision 7a section 326B.092. "Sales documents" mean only the
safety feature disclosure form defined in section 327C.07, subdivision 3a,
title of the home, financing agreements, and purchase agreements.
The license holder shall,
upon request of the commissioner, make available for inspection during business
hours sales documents required to be retained under this subdivision.
Sec. 72. Minnesota Statutes 2009 Supplement, section
327B.041, is amended to read:
327B.041 MANUFACTURED HOME INSTALLERS.
(a) Manufactured home
installers are subject to all of the fees in section 326B.092 and the requirements
of sections 326B.802 to 326B.885, except for the following:
(1) manufactured home
installers are not subject to the continuing education requirements of section
326B.821, but are subject to the continuing education requirements established
in rules adopted under section 327B.10;
(2) the examination
requirement of section 326B.83, subdivision 3, for manufactured home installers
shall be satisfied by successful completion of a written examination
administered and developed specifically for the examination of manufactured
home installers. The examination must be
administered and developed by the commissioner.
The commissioner and the state building official shall seek advice on
the grading, monitoring, and updating of examinations from the Minnesota
Manufactured Housing Association;
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(3) a local government unit may not place a surcharge on a license
fee, and may not charge a separate fee to installers;
(4) a dealer or distributor who does not install or repair
manufactured homes is exempt from licensure under sections 326B.802 to
326B.885;
(5) the exemption under section 326B.805, subdivision 6,
clause (5), does not apply; and
(6) manufactured home installers are not subject to the
contractor recovery fund in section 326B.89.
(b) The commissioner may waive all or part of the
requirements for licensure as a manufactured home installer for any individual
who holds an unexpired license or certificate issued by any other state or
other United States jurisdiction if the licensing requirements of that
jurisdiction meet or exceed the corresponding licensing requirements of the
department and the individual complies with section 326B.092, subdivisions 1
and 3 to 7. For the purposes of
calculating fees under section 326B.092, licensure as a manufactured home
installer is a business license.
Sec. 73. WATER-FREE URINALS.
The Plumbing Board shall have expedited rulemaking authority
provided under section 14.389 for expedited rules regarding water-free urinals
that meet the Minnesota Plumbing Board standards. This authority expires December 31, 2010.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 74. REVISOR'S INSTRUCTION.
In Minnesota Rules, the revisor of statutes shall change all
references to Minnesota Rules, part 1350.8300, to Minnesota Statutes, section
327B.04.
EFFECTIVE
DATE. This section is effective August 1,
2010.
Sec. 75. REPEALER.
(a) Minnesota Statutes 2008, sections 326B.133, subdivisions
9 and 10; 326B.37, subdivision 13; 326B.475, subdivisions 5 and 6; 326B.56,
subdivision 3; 326B.885, subdivisions 3 and 4; 326B.976; 327.32, subdivision 4;
and 327C.07, subdivisions 3a and 8, are repealed.
(b) Minnesota Statutes 2009 Supplement, sections 326B.56,
subdivision 4; and 326B.986, subdivision 2, are repealed.
(c) Minnesota Rules, parts 1301.0500; 1301.0900; 1301.1100, subparts
2, 3, and 4; 1350.7200, subpart 3; and 1350.8000, subpart 2, are repealed.
EFFECTIVE
DATE. Paragraphs (a) to (c) are effective
January 1, 2012, except that the repeal of Minnesota Statutes, sections 327.32,
subdivision 4, and 327C.07, subdivisions 3a and 8, are effective July 1, 2010.
Sec. 76. EFFECTIVE DATE.
Sections 3 to 10, 12 to 17, and 19 to 56 are effective
January 1, 2012.
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ARTICLE 4
MINNESOTA S.A.F.E.
MORTGAGE LICENSING ACT OF 2010
Section 1. [58A.01] TITLE.
This chapter may be cited as the "Minnesota Secure and
Fair Enforcement for Mortgage Licensing Act of 2010" or "Minnesota S.A.F.E. Mortgage Licensing Act of 2010."
Sec. 2. [58A.02] DEFINITIONS.
Subdivision 1.
Application. For purposes of this chapter, the
definitions in subdivisions 2 to 15 have the meanings given them.
Subd. 2.
Depository institution. "Depository institution" has
the meaning given in United States Code, title 12, section 1813, and includes a
credit union.
Subd. 3.
Federal banking agencies. "Federal banking agencies"
means the Board of Governors of the Federal Reserve System, the comptroller of
the currency, the director of the Office of Thrift Supervision, the National
Credit Union Administration, and the Federal Deposit Insurance Corporation.
Subd. 4.
Immediate family member. "Immediate family member"
means a spouse, child, sibling, a parent, grandparent, or grandchild. This includes stepparents, stepchildren,
stepsiblings, and adoptive relationships.
Subd. 5.
Individual. "Individual" means a natural
person.
Subd. 6.
Loan processor or underwriter. "Loan processor or underwriter"
means an individual who performs clerical or support duties as an employee at
the direction of and subject to the supervision and instruction of a person
licensed or exempt from licensing under chapter 58. For purposes of this subdivision, the term
"clerical or support duties" may include after the receipt of an
application:
(1) the receipt, collection, distribution, and analysis of
information common for the processing or underwriting of a residential mortgage
loan; and
(2) communicating with a consumer to obtain the information
necessary for the processing or underwriting of a loan, to the extent that the
communication does not include offering or negotiating loan rates or terms, or
counseling consumers about residential mortgage loan rates or terms.
Subd. 7.
Mortgage loan originator. "Mortgage loan originator":
(1) means an individual who for compensation or gain or in
the expectation of compensation or gain:
(i) takes a residential mortgage loan application; or
(ii) offers or negotiates terms of a residential mortgage
loan;
(2) does not include an individual engaged solely as a loan
processor or underwriter except as otherwise provided in section 58A.03,
subdivision 3;
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(3) does not include a person or entity that only performs
real estate brokerage activities and is licensed or registered according to
Minnesota law, unless the person or entity is compensated by a lender, a
mortgage broker, or other mortgage loan originator or by an agent of the
lender, mortgage broker, or other mortgage loan originator;
(4) does not include a person or entity solely involved in
extensions of credit relating to timeshare plans, as that term is defined in
United States Code, title 11, section 101(53D); and
(5) does not include a person who merely assists, without
advising, the consumer in locating or understanding a loan application, and
does not do anything that would be considered to be acting as a mortgage loan
originator under federal or state laws.
This clause is subject to final approval by the United States Department
of Housing and Urban Development, and is severable to the extent that the
department determines that it is not compliant with federal law.
Subd. 8.
Nationwide Mortgage Licensing
System and Registry. "Nationwide
Mortgage Licensing System and Registry" means a mortgage licensing system
developed and maintained by the Conference of State Bank Supervisors and the
American Association of Residential Mortgage Regulators for the licensing and
registration of licensed mortgage loan originators.
Subd. 9.
Nontraditional mortgage
product. "Nontraditional
mortgage product" means a mortgage product other than a 30-year fixed rate
mortgage loan.
Subd. 9a.
Offers or negotiates terms of
a residential mortgage loan for compensation or gain. "Offers or negotiates terms of a
residential mortgage loan for compensation or gain" means an individual:
(1)(i) presents for acceptance by a borrower or prospective
borrower residential mortgage loan terms;
(ii) communicates directly or indirectly with a borrower or
prospective borrower for the purpose of reaching an understanding about
prospective residential mortgage loan terms; or
(iii) recommends, refers, or steers a borrower to a
particular lender or set of residential mortgage loan terms, in accordance with
a duty to or incentive from any person other than the borrower or prospective
borrower; and
(2) receives or expects to receive payment of money or
anything of value in connection with the activities described in clause (1) or
as a result of any residential mortgage loan terms entered into as a result of
such activities.
This subdivision is subject to final approval by the United
States Department of Housing and Urban Development, and is severable to the
extent that the department determines that it is not compliant with federal
law.
Subd. 10.
Person. "Person" means a natural
person, corporation, company, limited liability company, partnership, or
association.
Subd. 11.
Real estate brokerage
activity. "Real estate
brokerage activity" means an activity that involves offering or providing
real estate brokerage services to the public, including:
(1) acting as a real estate agent or real estate broker for a
buyer, seller, lessor, or lessee of real property;
(2) bringing together parties interested in the sale,
purchase, lease, rental, or exchange of real property;
(3) negotiating, on behalf of a party, a portion of a
contract relating to the sale, purchase, lease, rental, or exchange of real
property other than in connection with providing financing with respect to the
transaction;
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(4) engaging in an activity for which a person engaged in the
activity is required to be registered or licensed as a real estate agent or
real estate broker under any applicable law; and
(5) offering to engage in any activity, or act in any
capacity, described in clause (1), (2), (3), or (4).
Subd. 12.
Registered mortgage loan
originator. "Registered
mortgage loan originator" means an individual who:
(1) meets the definition of mortgage loan originator and is an
employee of:
(i) a depository institution;
(ii) a subsidiary that is owned and controlled by a depository
institution and regulated by a federal banking agency; or
(iii) an institution regulated by the Farm Credit
Administration; and
(2) is registered with, and maintains a unique identifier
through, the Nationwide Mortgage Licensing System and Registry.
Subd. 13.
Residential mortgage loan. "Residential mortgage loan"
means a loan primarily for personal, family, or household use that is secured
by a mortgage, deed of trust, or other equivalent consensual security interest
on a dwelling, as defined in United States Code, title 15, section 1602(v), or
residential real estate upon which a dwelling is constructed or intended to be
constructed.
Subd. 14.
Residential real estate. "Residential real estate"
means real property located in Minnesota, upon which a dwelling is constructed
or is intended to be constructed.
Subd. 14a.
Takes a residential mortgage
loan application. "Takes
a residential mortgage loan application" means the individual receives a
residential mortgage loan application for the purpose of deciding, or
influencing or soliciting the decision of another, whether to extend an offer
of residential mortgage loan terms to a borrower or prospective borrower, or to
accept the terms offered by a borrower or prospective borrower in response to a
solicitation, whether the application is received directly or indirectly from
the borrower or prospective borrower.
This subdivision is subject to final approval by the United States
Department of Housing and Urban Development, and is severable to the extent that
the department determines that it is not compliant with federal law.
Subd. 15.
Unique identifier. "Unique identifier" means a
number or other identifier assigned by protocols established by the Nationwide
Mortgage Licensing System and Registry.
Sec. 3. [58A.03] LICENSE AND REGISTRATION
REQUIRED.
Subdivision 1.
Generally. An individual, unless specifically
exempted from this chapter under subdivision 2, shall not engage in the
business of a mortgage loan originator with respect to a dwelling located in
this state without first obtaining and maintaining a license under this
chapter. An individual may not engage in
the mortgage loan business unless the individual is employed and supervised by
an entity which is either licensed or exempt from licensing under chapter
58. A licensed mortgage loan originator
must register with and maintain a valid unique identifier issued by the
Nationwide Mortgage Licensing System and Registry.
Subd. 2.
Exemptions. The following are exempt from this
chapter:
(1) a registered mortgage loan originator, when acting for an
entity described in section 58A.02, subdivision 12, clause (1);
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(2) an individual who offers or negotiates terms of a
residential mortgage loan with or on behalf of an immediate family member of
the individual;
(3) an individual who offers or negotiates terms of a residential
mortgage loan secured by a dwelling that served as the individual's residence;
(4) a licensed attorney who negotiates the terms of a
residential mortgage loan on behalf of a client as an ancillary matter to the
attorney's representation of the client, unless the attorney is compensated by
a lender, a mortgage broker, or other mortgage loan originator or by any agent
of the lender, mortgage broker, or other mortgage loan originator; and
(5) an employee of a nonprofit organization exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986, or a local unit
of government, that is not otherwise engaged in the mortgage loan business,
engaged in the financing of housing for low- and moderate-income households or
housing counseling under programs designed specifically for those purposes, to
the extent exempted by the commissioner by rule, advisory ruling, or
interpretation, after taking into consideration any law, rule, advisory ruling,
or interpretation by the United States Department of Housing and Urban
Development.
Subd. 3.
Independent contractor loan
processors or underwriters. A
loan processor or underwriter who is an independent contractor may not engage
in the activities of a loan processor or underwriter unless the independent
contractor loan processor or underwriter obtains and maintains a license under
subdivision 1. An independent contractor
loan processor or underwriter licensed as a mortgage loan originator must have
and maintain a valid unique identifier issued by the Nationwide Mortgage
Licensing System and Registry.
EFFECTIVE
DATE. In order to facilitate an orderly
transition to licensing and minimize disruption in the mortgage marketplace,
the effective date for subdivision 1 is July 31, 2010, or a later date approved
by the Secretary of the U.S. Department
of Housing and Urban Development, under the authority granted in Public Law
110-289, section 1508(a).
Sec. 4. [58A.04] STATE LICENSE AND REGISTRATION
APPLICATION AND ISSUANCE.
Subdivision 1.
Application form. An applicant for a license shall apply
in a form as prescribed by the commissioner.
The form must contain content as set forth by rule, instruction, or
procedure of the commissioner and may be changed or updated as necessary by the
commissioner in order to carry out the purposes of this chapter.
Subd. 2.
Commissioner may establish
relationships or contracts. In
order to fulfill the purposes of this chapter, the commissioner is authorized
to establish relationships or contracts with the Nationwide Mortgage Licensing
System and Registry or other entities designated by the Nationwide Mortgage
Licensing System and Registry to collect and maintain records and process
transaction fees or other fees related to licensees or other persons subject to
this chapter.
Subd. 3.
Waive or modify requirements. For the purpose of participating in
the Nationwide Mortgage Licensing System and Registry, the commissioner is
authorized to waive or modify, in whole or in part, by rule or order, any or
all of the requirements of this chapter and to establish new requirements as
reasonably necessary to participate in the Nationwide Mortgage Licensing System
and Registry.
Subd. 4.
Background checks. In connection with an application for
licensing as a mortgage loan originator, the applicant shall, at a minimum,
furnish to the Nationwide Mortgage Licensing System and Registry information
concerning the applicant's identity, including:
(1) fingerprints for submission to the Federal Bureau of
Investigation, and a governmental agency or entity authorized to receive the
information for a state, national, and international criminal history
background check; and
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(2) personal history and experience in a form prescribed by
the Nationwide Mortgage Licensing System and Registry, including the submission
of authorization for the Nationwide Mortgage Licensing System and Registry and the
commissioner to obtain:
(i) an independent credit report obtained from a consumer
reporting agency described in United States Code, title 15, section 1681a(p);
and
(ii) information related to administrative, civil, or
criminal findings by a governmental jurisdiction.
Subd. 5.
Agent for purposes of
requesting and distributing criminal information. For the purposes of this section and
in order to reduce the points of contact which the Federal Bureau of
Investigation may have to maintain for purposes of subdivision 4, clauses (1)
and (2), the commissioner may use the Nationwide Mortgage Licensing System and
Registry as a channeling agent for requesting information from and distributing
information to the Department of Justice or any governmental agency.
Subd. 6.
Agent for purposes of
requesting and distributing noncriminal information. For the purposes of this section and
in order to reduce the points of contact which the commissioner may have to
maintain for purposes of subdivision 4, clause (2)(i) and (ii), the
commissioner may use the Nationwide Mortgage Licensing System and Registry as a
channeling agent for requesting and distributing information to and from any
source so directed by the commissioner.
Sec. 5. [58A.045] TERM OF LICENSE AND FEES.
Subdivision 1.
Term. Licenses for mortgage loan originators
issued under this chapter expire on December 31 and are renewable on January 1
of each year after that date.
Subd. 2.
Fees. The following fees must be paid to the
commissioner:
(1) for a mortgage loan originator license, $90; and
(2) for a renewal mortgage loan originator license, $50.
Sec. 6. [58A.05] ISSUANCE OF LICENSE.
The commissioner shall not issue a mortgage loan originator
license unless the commissioner finds at a minimum, that:
(1) the applicant has never had a mortgage loan originator
license revoked in a governmental jurisdiction, except that a subsequent formal
vacation of a revocation shall not be deemed a revocation;
(2) the applicant has not been convicted of, or pled guilty
or nolo contendere to, a felony in a domestic, foreign, or military court:
(i) during the seven-year period preceding the date of the
application for licensing and registration;
(ii) at any time preceding the date of application, if the
felony involved an act of fraud, dishonesty, or a breach of trust, or money
laundering; or
(iii) provided that a pardon of a conviction is not a
conviction for purposes of this clause;
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(3) the applicant has demonstrated financial responsibility,
character, and general fitness such as to command the confidence of the
community and to warrant a determination that the mortgage loan originator will
operate honestly, fairly, and efficiently within the purposes of this
chapter. For purposes of this chapter, a
person has shown that the person is not financially responsible when the person
has shown a disregard in the management of the person's own financial
condition. A determination that an
individual has not shown financial responsibility may include, but is not
limited to:
(i) current outstanding judgments, except judgments solely as
a result of medical expenses;
(ii) current outstanding tax liens or other government liens
and filings;
(iii) foreclosures within the past three years; and
(iv) a pattern of seriously delinquent accounts within the
past three years;
(4) the applicant has completed the prelicensing education
requirement described in section 58A.06;
(5) the applicant has passed a written test that meets the
test requirement described in section 58A.07; and
(6) the applicant has met the surety bond requirement as
required under section 58A.13.
Sec. 7. [58A.06] PRELICENSING AND RELICENSING
EDUCATION OF LOAN ORIGINATORS.
Subdivision 1.
Minimum educational
requirements. In order to meet
the prelicensing education requirement referred to in section 58A.05, clause
(4), a person shall complete at least 20 hours of education approved according
to subdivision 2, that includes at least:
(1) three hours of federal law and regulations;
(2) three hours of ethics, which includes instruction on
fraud, consumer protection, and fair lending issues; and
(3) two hours of training related to lending standards for
the nontraditional mortgage product marketplace.
Subd. 2.
Approved educational courses. For purposes of subdivision 1,
prelicensing education courses must be reviewed, and approved by the Nationwide
Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a prelicensing
education course must include review and approval of the course provider.
Subd. 3.
Approval of employer and
affiliate educational courses. Nothing
in this section precludes a prelicensing education course, as approved by the
Nationwide Mortgage Licensing System and Registry, that is provided by the
employer of the applicant or an entity that is affiliated with the applicant by
an agency contract, or any subsidiary or affiliate of the employer or entity.
Subd. 4.
Venue of education. Prelicensing education may be offered
in a classroom, online, or by any other means approved by the Nationwide
Mortgage Licensing System and Registry.
Subd. 5.
Reciprocity of education. The prelicensing education
requirements approved by the Nationwide Mortgage Licensing System and Registry in
subdivision 1 for a state must be accepted as credit toward completion of
prelicensing education requirements in Minnesota.
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Subd. 6. Relicensing
education requirements. A
person previously licensed under this chapter after the effective date of this
chapter applying to be licensed again must prove that the person has completed
all of the continuing education requirements for the year in which the license
was last held.
Sec. 8. [58A.07]
TESTING OF LOAN ORIGINATORS.
Subdivision 1. Generally. In order to meet the written test
requirement referred to in section 58A.05, clause (5), an individual shall pass,
in accordance with the standards established under this section, a qualified
written test developed by the Nationwide Mortgage Licensing System and Registry
and administered by a test provider approved by the Nationwide Mortgage
Licensing System and Registry based upon reasonable standards.
Subd. 2. Qualified
test. A written test must not
be treated as a qualified written test for purposes of subdivision 1 unless the
test adequately measures the applicant's knowledge and comprehension in
appropriate subject areas, including:
(1) ethics;
(2) federal law and
regulation pertaining to mortgage origination;
(3) state law and rule
pertaining to mortgage origination; and
(4) federal and state law
and rule, including instruction on fraud, consumer protection, the
nontraditional mortgage marketplace, and fair lending issues.
Subd. 3. Testing
location. Northing in this
section prohibits a test provider approved by the Nationwide Mortgage Licensing
System and Registry from providing a test at the location of the employer of
the applicant or the location of a subsidiary or affiliate of the employer of
the applicant, or the location of an entity with which the applicant holds an
exclusive arrangement to conduct the business of a mortgage loan originator.
Subd. 4. Minimum
competence. (a) An individual
is not considered to have passed a qualified written test unless the individual
achieves a test score of not less than 75 percent correct answers to questions.
(b) An individual may retake
a test three consecutive times with each consecutive taking occurring at least
30 days after the preceding test.
(c) After failing three
consecutive tests, an individual shall wait at least six months before taking
the test again.
(d) A licensed mortgage loan
originator who fails to maintain a valid license for a period of five years or
longer shall retake the test, not taking into account any time during which the
individual is a registered mortgage loan originator.
Sec. 9. [58A.08]
STANDARDS FOR LICENSE RENEWAL.
Subdivision 1. Generally. The minimum standards for license
renewal for a mortgage loan originator include that the mortgage loan
originator:
(1) continues to meet the
minimum standards for license issuance under section 58A.05;
(2) has satisfied the annual
continuing education requirements described in section 58A.09; and
(3) has paid all required
fees for renewal of the license.
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Subd. 2.
Failure to satisfy minimum
standards of license renewal. The
license of a mortgage loan originator failing to satisfy the minimum standards
for license renewal expires. The commissioner
may adopt procedures for the reinstatement of expired licenses consistent with
the standards established by the Nationwide Mortgage Licensing System and
Registry.
Sec. 10. [58A.09] CONTINUING EDUCATION FOR
MORTGAGE LOAN ORIGINATORS.
Subdivision 1.
Generally. In order to meet the annual continuing
education requirements referred to in section 58A.08, subdivision 1, clause
(2), a licensed mortgage loan originator shall complete at least eight hours of
education approved according to subdivision 2 that includes at least:
(1) three hours of federal law and regulations;
(2) two hours of ethics, which includes instruction on fraud,
consumer protection, and fair lending issues; and
(3) two hours of training related to lending standards for the
nontraditional mortgage product marketplace.
Subd. 2.
Approved educational courses. For purposes of subdivision 1,
continuing education courses must be reviewed and approved by the Nationwide
Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a continuing education
course must include review and approval of the course provider.
Subd. 3.
Approval of employer and
affiliate educational courses. Nothing
in this section precludes an education course, as approved by the Nationwide
Mortgage Licensing System and Registry, that is provided by the employer of the
mortgage loan originator or an entity that is affiliated with the mortgage loan
originator by an agency contract, or a subsidiary or affiliate of the employer
or entity.
Subd. 4.
Venue of education. Continuing education may be offered
either in a classroom, online, or by other means approved by the Nationwide
Mortgage Licensing System and Registry.
Subd. 5.
Calculation of continuing
education credits. A licensed
mortgage loan originator:
(1) except for subdivision 9 and section 58A.08, subdivision
2, may only receive credit for a continuing education course in the year in
which the course is taken; and
(2) may not take the same approved course in the same or
successive years to meet the annual requirements for continuing education.
Subd. 6.
Instructor credit. A licensed mortgage loan originator
who is an approved instructor of an approved continuing education course may
receive credit for the licensed mortgage loan originator's own annual
continuing education requirement at the rate of two hours credit for every one
hour taught.
Subd. 7.
Reciprocity of education. A person having successfully completed
the education requirements approved by the Nationwide Mortgage Licensing System
and Registry in subdivision 1 for a state must be accepted as credit toward
completion of continuing education requirements in Minnesota.
Subd. 8.
Lapse in license. A licensed mortgage loan originator
who subsequently becomes unlicensed must complete the continuing education
requirements for the last year in which the license was held before a new or
renewed license is issued.
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Subd. 9.
Deficiency. A person meeting the requirements of
section 58A.08, subdivision 1, clauses (1) and (3), may make up a deficiency in
continuing education as established by rule of the commissioner.
Sec. 11. [58A.10] AUTHORITY TO REQUIRE LICENSE.
In addition to any other duties imposed upon the commissioner
by law, the commissioner shall require mortgage loan originators to be licensed
and registered through the Nationwide Mortgage Licensing System and
Registry. In order to carry out this
requirement, the commissioner may participate in the Nationwide Mortgage
Licensing System and Registry. For this
purpose, the commissioner may establish by rule or order requirements as
necessary, including but not limited to:
(1) background checks for:
(i) criminal history through fingerprint or other databases;
(ii) civil or administrative records;
(iii) credit history; or
(iv) other information as determined necessary by the
Nationwide Mortgage Licensing System and Registry;
(2) the payment of fees to apply for or renew licenses
through the Nationwide Mortgage Licensing System and Registry;
(3) the setting or resetting as necessary of renewal or
reporting dates; and
(4) requirements for amending or surrendering a license or
other activities the commissioner considers necessary for participation in the
Nationwide Mortgage Licensing System and Registry.
Sec. 12. [58A.11]
NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY INFORMATION CHALLENGE PROCESS.
The commissioner shall establish a process that allows
mortgage loan originators to challenge information entered into the Nationwide
Mortgage Licensing System and Registry by the commissioner.
Sec. 13. [58A.12] ENFORCEMENT AUTHORITIES,
VIOLATIONS, AND PENALTIES.
(a) In order to ensure the effective supervision and
enforcement of this chapter, the commissioner may, pursuant to chapter 14:
(1) deny, suspend, revoke, condition, or decline to renew a
license for a violation of this chapter, rules issued under this chapter, or
order or directive entered under this chapter;
(2) deny, suspend, revoke, condition, or decline to renew a
license if an applicant or licensee fails at anytime to meet the requirements
of section 58A.05 or 58A.08, or withholds information or makes a material
misstatement in an application for a license or renewal of a license;
(3) order restitution against persons subject to this chapter
for violations of this chapter;
(4) impose fines on persons subject to this chapter pursuant
to paragraphs (b) to (d); and
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(5) issue orders or
directives under this chapter as follows:
(i) order or direct persons
subject to this chapter to cease and desist from conducting business, including
immediate temporary orders to cease and desist;
(ii) order or direct persons
subject to this chapter to cease any harmful activities or violations of this
chapter, including immediate temporary orders to cease and desist;
(iii) enter immediate
temporary orders to cease business under a license or interim license issued
pursuant to the authority granted under section 58A.03, subdivision 4, if the
commissioner determines that the license was erroneously granted or the
licensee is currently in violation of this chapter; and
(iv) order or direct other
affirmative action the commissioner considers necessary.
(b) The commissioner may
impose a civil penalty on a mortgage loan originator or person subject to this
chapter, if the commissioner finds, on the record after notice and opportunity
for hearing, that the mortgage loan originator or person subject to this
chapter has violated or failed to comply with any requirement of this chapter
or any rule prescribed by the commissioner under this chapter or order issued
under authority of this chapter.
(c) The maximum amount of
penalty for each act or omission described in paragraph (b) is $25,000.
(d) Each violation or
failure to comply with any directive or order of the commissioner is a separate
and distinct violation or failure.
Sec. 14. [58A.13]
SURETY BOND REQUIRED.
Subdivision 1. Coverage,
form, and rules. (a) Each
mortgage loan originator must be covered by a surety bond meeting the
requirements of this section. In the
event that the mortgage loan originator is an employee or exclusive agent of a
person subject to this chapter, the surety bond of the person subject to this
chapter can be used in lieu of the mortgage loan originator's surety bond
requirement.
(b) The surety bond shall
provide coverage for each mortgage loan originator in an amount as prescribed
in subdivision 2.
(c) The surety bond must be
in a form as prescribed by the commissioner.
Subd. 2. Penal
sum of surety bond. The penal
sum of the surety bond must be maintained in an amount that reflects the dollar
amount of loans originated as determined by the commissioner.
Subd. 3. Action
on bond. When an action is
commenced on a licensee's bond the commissioner may require the filing of a new
bond.
Subd. 4. New
bond. Immediately upon
recovery upon any action on the bond the licensee shall file a new bond.
Sec. 15. [58A.14]
CONFIDENTIALITY.
Subdivision 1. Protections. Except as otherwise provided in Public
Law 110-289, section 1512, the requirements under chapter 13 or any federal law
regarding the privacy or confidentiality of any information or material
provided to the Nationwide Mortgage Licensing System and Registry, and any
privilege arising under federal or state law, including the rules of any
federal or state court, with respect to the information or material, continue to
apply to the information or material after the information or material has been
disclosed to the
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Nationwide Mortgage
Licensing System and Registry. The
information and material may be shared with all state and federal regulatory
officials with mortgage industry oversight authority without the loss of
privilege or the loss of confidentiality protections provided by chapter 13 or
federal law.
Subd. 2. Agreements
and sharing arrangements. For
purposes of this section, the commissioner is authorized to enter agreements or
sharing arrangements with other governmental agencies, the Conference of State
Bank Supervisors, the American Association of Residential Mortgage Regulators,
or other associations representing governmental agencies as established by rule
or order of the commissioner.
Subd. 3. Nonapplicability
of certain requirements. Information
or material that is subject to a privilege or confidentiality under subdivision
1 is not subject to:
(1) disclosure under any
federal or state law governing the disclosure to the public of information held
by an officer or an agency of the federal government or the respective state;
or
(2) subpoena or discovery,
or admission into evidence, in any private civil action or administrative
process, unless with respect to any privilege held by the Nationwide Mortgage
Licensing System and Registry with respect to the information or material, the
person to whom the information or material pertains waives, in whole or in
part, in the discretion of the person, that privilege.
Subd. 4. Coordination
with Minnesota Government Data Practices Act. Chapter 13 relating to the disclosure
of confidential supervisory information or any information or material
described in subdivision 1 that is inconsistent with subdivision 1 is
superseded by the requirements of this section.
Subd. 5. Public
access to information. This
section does not apply with respect to the information or material relating to
the employment history of, and publicly adjudicated disciplinary and
enforcement actions against, mortgage loan originators that are included in the
Nationwide Mortgage Licensing System and Registry for access by the public.
Sec. 16. [58A.15]
INVESTIGATION AND EXAMINATION AUTHORITY.
Subdivision 1. Generally. In addition to any authority allowed
under this chapter, the commissioner may conduct investigations and examinations
according to subdivisions 2 to 9.
Subd. 2. Authority
to access information. For
purposes of initial licensing, license renewal, license suspension, license
conditioning, license revocation or termination, or general or specific inquiry
or investigation to determine compliance with this chapter, the commissioner
may access, receive and use any books, accounts, records, files, documents,
information or evidence including but not limited to:
(1) criminal, civil, and
administrative history information, including nonconviction data;
(2) personal history and
experience information including independent credit reports obtained from a
consumer reporting agency described in United States Code, title 15, section
1681a(p); and
(3) any other documents, information,
or evidence the commissioner considers relevant to the inquiry or investigation
regardless of the location, possession, control, or custody of the documents,
information, or evidence.
Subd. 3. Investigation,
examination, and subpoena authority.
For the purposes of investigating violations or complaints
arising under this chapter, or for the purposes of examination, the
commissioner may review, investigate, or examine a licensee, individual, or
person subject to this chapter, as often as necessary in order to carry out the
purposes of this chapter. The
commissioner may direct, subpoena, or order the attendance of and examine under
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oath all persons whose
testimony may be required about the loans or the business or subject matter of
any such examination or investigation, and may direct, subpoena, or order such
person to produce books, accounts, records, files, and any other documents the
commissioner considers relevant to the inquiry.
Subd. 4.
Availability of books and
records. A licensee,
individual, or person subject to this chapter shall make available to the commissioner
upon request the books and records relating to the operations of the licensee,
individual, or person subject to this chapter.
The commissioner shall have access to the books and records and
interview the officers, principals, mortgage loan originators, employees,
independent contractors, agents, and customers of the licensee, individual, or
person subject to this chapter concerning the licensee's, individual's, or
person's business.
Subd. 5.
Reports and other information
as directed. A licensee,
individual, or person subject to this chapter shall make or compile reports or
prepare other information as directed by the commissioner in order to carry out
the purposes of this section including but not limited to:
(1) accounting compilations;
(2) information lists and data concerning loan transactions
in a format prescribed by the commissioner; or
(3) other information the commissioner considers necessary to
carry out the purposes of this section.
Subd. 6.
Control access to records. In making an examination or
investigation authorized by this chapter, the commissioner may control access
to documents and records of the licensee or person under examination or
investigation. The commissioner may take
possession of the documents and records or place a person in exclusive charge
of the documents and records in the place where they are usually kept. During the period of control, no individual
or person shall remove or attempt to remove any of the documents and records
except pursuant to a court order or with the consent of the commissioner. Unless the commissioner has reasonable
grounds to believe the documents or records of the licensee have been, or are
at risk of being, altered or destroyed for purposes of concealing a violation
of this chapter, the licensee or owner of the documents and records has access
to the documents or records as necessary to conduct its ordinary business
affairs.
Subd. 7.
Additional authority. In order to carry out the purposes of
this section, the commissioner may:
(1) retain attorneys, accountants, or other professionals and
specialists as examiners, auditors, or investigators to conduct or assist in
the conduct of examinations or investigations;
(2) enter into agreements or relationships with other
government officials or regulatory associations in order to improve
efficiencies and reduce regulatory burden by sharing resources, standardized or
uniform methods or procedures, and documents, records, information, or evidence
obtained under this section;
(3) use, hire, contract, or employ public or privately
available analytical systems, methods, or software to examine or investigate
the licensee, individual, or person subject to this chapter;
(4) accept and rely on examination or investigation reports
made by other government officials, within or without this state; or
(5) accept audit reports made by an independent certified
public accountant for the licensee, individual, or person subject to this
chapter in the course of that part of the examination covering the same general
subject matter as the audit and incorporate the audit report in the report of
the examination, report of investigation or other writing of the commissioner.
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Subd. 8.
Effect of authority. The authority of this section remains
in effect, whether a licensee, individual, or person subject to this chapter acts
or claims to act under any licensing or registration law of this state, or
claims to act without such authority.
Subd. 9.
Withhold records. A licensee, individual, or person
subject to investigation or examination under this section shall not knowingly
withhold, abstract, remove, mutilate, destroy, or secrete any books, records,
computer records, or other information.
Sec. 17. [58A.16] PROHIBITED ACTS AND PRACTICES.
Subdivision 1.
Generally. It is a violation of this chapter for a
person or individual subject to this chapter to:
(1) directly or indirectly employ any scheme, device, or
artifice to defraud or mislead borrowers or lenders or to defraud any person;
(2) engage in any unfair or deceptive practice toward any
person;
(3) obtain property by fraud or misrepresentation;
(4) solicit or enter into a contract with a borrower that
provides in substance that the person or individual subject to this chapter may
earn a fee or commission through "best efforts" to obtain a loan even
though no loan is actually obtained for the borrower;
(5) solicit, advertise, or enter into a contract for specific
interest rates, points, or other financing terms unless the terms are actually
available at the time of soliciting, advertising, or contracting;
(6) conduct any business covered by this chapter without
holding a valid license as required under this chapter, or assist or aide and
abet any person in the conduct of business under this chapter without a valid
license as required under this chapter;
(7) fail to make disclosures as required by this chapter and
any other applicable state or federal law or regulations;
(8) fail to comply with this chapter or rules adopted under
this chapter or fail to comply with any other state or federal law or
regulations applicable to any business authorized or conducted under this
chapter;
(9) make, in any manner, any false or deceptive statement or
representation including, with regard to the rates, points, or other financing
terms or conditions for a residential mortgage loan; or engage in
bait-and-switch advertising;
(10) negligently make a false statement or knowingly and
willfully make an omission of material fact in connection with any information or
reports filed with a governmental agency or the Nationwide Mortgage Licensing
System and Registry or in connection with an investigation conducted by the
commissioner or another governmental agency;
(11) make a payment, threat, or promise, directly or indirectly,
to a person for the purposes of influencing the independent judgment of the
person in connection with a residential mortgage loan, or make a payment threat
or promise, directly or indirectly, to an appraiser of a property, for the
purposes of influencing the independent judgment of the appraiser with respect
to the value of the property;
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(12) collect, charge,
attempt to collect or charge, or use or propose an agreement purporting to
collect or charge a fee prohibited by this chapter;
(13) cause or require a
borrower to obtain property insurance coverage in an amount that exceeds the
replacement cost of the improvements as established by the property insurer; or
(14) fail to truthfully
account for money belonging to a party to a residential mortgage loan
transaction.
Subd. 2. Loan
processor or underwriter activities.
An individual engaging solely in loan processor or underwriter
activities shall not represent to the public, through advertising or other
means of communicating or providing information, including the use of business
cards, stationery, brochures, signs, rate lists, or other promotional items,
that the individual can or will perform any of the activities of a mortgage
loan originator.
Sec. 18. [58A.17]
MORTGAGE CALL REPORTS.
A mortgage licensee shall
submit to the Nationwide Mortgage Licensing System and Registry reports of
condition, which must be in the form and contain the information the Nationwide
Mortgage Licensing System and Registry requires.
Sec. 19. [58A.18]
REPORT TO NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY.
The commissioner shall
regularly report violations of this chapter, as well as enforcement actions and
other relevant information, to the Nationwide Mortgage Licensing System and
Registry subject to the provisions contained in section 58A.14.
Sec. 20. [58A.20]
UNIQUE IDENTIFIER SHOWN.
The unique identifier of any
person originating a residential mortgage loan shall be clearly shown on all
residential mortgage loan application forms, solicitations, or advertisements,
including business cards or Web sites, and any other documents as established
by rule or order of the commissioner.
Sec. 21. [58A.22]
INCORPORATION BY REFERENCE.
The final rules adopted by
the United States Department of Housing and Urban Development under the Secure
and Fair Enforcement for Mortgage Licensing Act of 2008, and subsequent
amendments, are incorporated by reference.
Sec. 22. EFFECTIVE
DATE.
This article is effective
July 31, 2010.
ARTICLE 5
CONFORMING AND TRANSITIONAL
PROVISIONS
RELATING TO MINNESOTA
STATUTES, CHAPTER 58
Section 1. Minnesota Statutes 2008, section 58.04,
subdivision 1, is amended to read:
Subdivision 1. Residential
mortgage originator licensing requirements.
(a) No person shall act as a residential mortgage originator, or
make residential mortgage loans without first obtaining a license from the
commissioner according to the licensing procedures provided in this chapter.
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(b) A licensee must be either a partnership, limited
liability partnership, association, limited liability company, corporation, or
other form of business organization, and must have and maintain at all times
one of the following: approval as a
mortgagee by either the federal Department of Housing and Urban Development or
the Federal National Mortgage Association; a minimum net worth, net of
intangibles, of at least $250,000; or a surety bond or irrevocable
letter of credit in the amount of $50,000 amounts prescribed
under section 58.08. Net worth,
net of intangibles, must be calculated in accordance with generally accepted
accounting principles.
(c) The following persons are exempt from the residential
mortgage originator licensing requirements:
(1) a person who is not in the business of making residential
mortgage loans and who makes no more than three such loans, with its own funds,
during any 12-month period;
(2) a financial institution as defined in section 58.02,
subdivision 10;
(3) an agency of the federal government, or of a state or
municipal government;
(4) an employee or employer pension plan making loans only to
its participants;
(5) a person acting in a fiduciary capacity, such as a
trustee or receiver, as a result of a specific order issued by a court of
competent jurisdiction; or
(6) a person exempted by order of the commissioner.
Sec. 2. Minnesota
Statutes 2009 Supplement, section 58.06, subdivision 2, is amended to read:
Subd. 2. Application contents. (a) The application must contain the name
and complete business address or addresses of the license applicant. The license applicant must be a partnership,
limited liability partnership, association, limited liability company,
corporation, or other form of business organization, and the application must
contain the names and complete business addresses of each partner, member,
director, and principal officer. The
application must also include a description of the activities of the license
applicant, in the detail and for the periods the commissioner may require.
(b) A residential mortgage originator applicant must submit one
of the following:
(1) evidence which shows, to the commissioner's satisfaction,
that either the federal Department of Housing and Urban Development or the
Federal National Mortgage Association has approved the residential mortgage
originator applicant as a mortgagee;
(2) a surety bond or irrevocable letter of credit in the
amount of not less than $50,000 in a form approved by the commissioner, issued
by an insurance company or bank authorized to do so in this state. The bond or irrevocable letter of credit must
be available for the recovery of expenses, fines, and fees levied by the
commissioner under this chapter and for losses incurred by borrowers. The bond or letter of credit must be
submitted with the license application, and evidence of continued coverage must
be submitted with each renewal. Any
change in the bond or letter of credit must be submitted for approval by the
commissioner within ten days of its execution; or
(3) a copy of the residential mortgage originator applicant's
most recent audited financial statement, including balance sheet, statement of
income or loss, statements of changes in shareholder equity, and statement of
changes in financial position. Financial
statements must be as of a date within 12 months of the date of
application. a surety
bond that meets the requirements of section 58.08, subdivision 1a.
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(c) The application must also include all of the following:
(1) an affirmation under oath that the applicant:
(i) is in compliance with the requirements of section 58.125;
(ii) will maintain a perpetual roster of individuals employed
as residential mortgage originators, including employees and independent
contractors, which includes the dates that mandatory testing, initial
education, and continuing education were completed. In addition, the roster must be made
available to the commissioner on demand, within three business days of the
commissioner's request;
(iii) (ii) will advise the commissioner of
any material changes to the information submitted in the most recent
application within ten days of the change;
(iv) (iii) will advise the commissioner in
writing immediately of any bankruptcy petitions filed against or by the
applicant or licensee;
(v) (iv) will maintain at all times either
a net worth, net of intangibles, of at least $250,000 or a surety bond or
irrevocable letter of credit in the amount of at least $50,000
$100,000;
(vi) (v) complies with federal and state
tax laws; and
(vii) (vi) complies with sections 345.31 to
345.60, the Minnesota unclaimed property law;
(2) information as to the mortgage lending, servicing, or
brokering experience of the applicant and persons in control of the applicant;
(3) information as to criminal convictions, excluding traffic
violations, of persons in control of the license applicant;
(4) whether a court of competent jurisdiction has found that
the applicant or persons in control of the applicant have engaged in conduct
evidencing gross negligence, fraud, misrepresentation, or deceit in performing
an act for which a license is required under this chapter;
(5) whether the applicant or persons in control of the
applicant have been the subject of: an
order of suspension or revocation, cease and desist order, or injunctive order,
or order barring involvement in an industry or profession issued by this or
another state or federal regulatory agency or by the Secretary of Housing and
Urban Development within the ten-year period immediately preceding submission
of the application; and
(6) other information required by the commissioner.
Sec. 3. Minnesota
Statutes 2008, section 58.08, is amended by adding a subdivision to read:
Subd. 1a.
Residential mortgage
originators. (a) An applicant
for a residential mortgage originator license must file with the department a
surety bond in the amount of $100,000, issued by an insurance company
authorized to do so in this state. The
bond must cover all mortgage loan originators who are employees or independent
agents of the applicant. The bond must
be available for the recovery of expenses, fines, and fees levied by the
commissioner under this chapter and for losses incurred by borrowers as a
result of a licensee's noncompliance with the requirements of this chapter,
sections 325D.43 to 325D.48, and 325F.67 to 325F.69, or breach of contract
relating to activities regulated by this chapter.
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(b) The bond must be submitted with the originator's license
application and evidence of continued coverage must be submitted with each
renewal. Any change in the bond must be
submitted for approval by the commissioner, within ten days of its
execution. The bond or a substitute bond
shall remain in effect during all periods of licensing.
(c) Upon filing of the mortgage call report as required by
section 58A.17, a licensee shall maintain or increase its surety bond to
reflect the total dollar amount of the closed residential mortgage loans
originated in this state in the preceding year according to the table in this
paragraph. A licensee may decrease its
surety bond according to the table in this paragraph if the surety bond
required is less than the amount of the surety bond on file with the
department.
Dollar Amount of Closed Residential Mortgage Loans Surety Bond Required
$0 to $5,000,000 $100,000
$5,000,000.01 to $10,000,000 $125,000
$10,000,000.01 to $25,000,000 $150,000
Over $25,000,000 $200,000
For purposes of this subdivision, "mortgage loan
originator" has the meaning given the term in section 58A.02, subdivision
7.
Sec. 4. Minnesota
Statutes 2008, section 58.09, is amended to read:
58.09 TERM
OF LICENSE.
Initial Licenses for residential mortgage originators and
residential mortgage servicers issued under this chapter expire on July 31,
2001, December 31 and are renewable on August 1, 2001, and on
August 1 January 1 of each odd-numbered year after that
date. A new licensee whose license expires
less than 12 months from the date of issuance shall pay a fee equal to one-half
the applicable initial license fee set forth in section 58.10, subdivision 1,
clause (1) or (3).
Sec. 5. Minnesota
Statutes 2008, section 58.10, subdivision 1, is amended to read:
Subdivision 1. Amounts.
The following fees must be paid to the commissioner:
(1) for an initial a residential mortgage
originator license, $2,125 $1,000, $50 of which is credited to
the consumer education account in the special revenue fund;
(2) for a renewal license, $1,125 $500, $50 of
which is credited to the consumer education account in the special revenue
fund;
(3) for an initial a residential mortgage
servicer's license, $1,000 $500;
(4) for a renewal license, $500 $250; and
(5) for a certificate of exemption, $100.
Sec. 6. Minnesota
Statutes 2008, section 58.11, is amended to read:
58.11
LICENSE RENEWAL.
Subdivision 1. Term.
Licenses are renewable on August 1, 2001, and on August 1
January 1 of each odd-numbered year after that date.
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Subd. 2. Timely renewal. (a) A person whose application is
properly and timely filed who has not received notice of denial of renewal is
considered approved for renewal and the person may continue to transact
business as a residential mortgage originator or servicer whether or not the
renewed license has been received on or before August January 1
of the renewal year. Application for
renewal of a license is considered timely filed if received by the commissioner
by, or mailed with proper postage and postmarked by, July December
15 of the renewal year. An application
for renewal is considered properly filed if made upon forms duly executed and
sworn to, accompanied by fees prescribed by this chapter, and containing any
information that the commissioner requires.
(b) A person who fails to make a timely application for renewal
of a license and who has not received the renewal license as of August
January 1 of the renewal year is unlicensed until the renewal license has
been issued by the commissioner and is received by the person.
Subd. 3. Contents of renewal application. Application for the renewal of an existing
license must contain the information specified in section 58.06, subdivision 2;
however, only the requested information having changed from the most recent
prior application need be submitted.
Subd. 4. Cancellation. A licensee ceasing an activity or
activities regulated by this chapter and desiring to no longer be licensed
shall so inform the commissioner in writing and, at the same time, surrender
the license and all other symbols or indicia of licensure. The licensee shall include a plan for the
withdrawal from regulated business, including a timetable for the disposition
of the business.
Sec. 7. RESIDENTIAL MORTGAGE ORIGINATORS AND
SERVICERS; TRANSITIONAL LICENSE FEE AND TERMS.
A residential mortgage originator licensee and a residential
mortgage service licensee operating under a valid license under Minnesota
Statutes 2008, chapter 58, with an expiration date of July 31, 2011, shall pay
a prorated renewal fee of $200 for a residential mortgage originator, and $100
for a residential mortgage servicer. The
prorated license renewal fee must be paid by December 31, 2010, and such
payment extends the license term until December 31, 2011.
Sec. 8. REPEALER.
Minnesota Statutes 2009 Supplement, section 58.126, is
repealed.
Sec. 9. EFFECTIVE DATE.
This article is effective July 31, 2010.
ARTICLE 6
COMMERCE
Section 1. Minnesota
Statutes 2008, section 60K.36, subdivision 2, is amended to read:
Subd. 2. Examination not required. A resident individual applying for a
limited lines credit insurance, title insurance, travel baggage insurance, mobile
telephone insurance, or bail bonds license is not required to take a
written examination.
Sec. 2. Minnesota
Statutes 2008, section 60K.38, subdivision 1, is amended to read:
Subdivision 1. Issuance.
(a) Unless denied a license under section 60K.43, a person who has
met the requirements of sections 60K.36 and 60K.37 must be issued an insurance
producer license. An insurance producer
may receive qualification for a license in one or more of the lines of
authority in paragraphs (b) and (c).
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(b) An individual insurance producer may receive
qualification for a license in one or more of the following major lines:
(1) life insurance:
coverage on human lives including benefits of endowment and annuities,
and may include benefits in the event of death or dismemberment by accident and
benefits for disability income;
(2) accident and health or sickness insurance: coverage for sickness, bodily injury, or
accidental death, and may include benefits for disability income;
(3) property insurance:
coverage for the direct or consequential loss or damage to property of
every kind;
(4) casualty insurance:
coverage against legal liability, including that for death, injury, or
disability, or damage to real or personal property;
(5) variable life and variable annuity products
insurance: coverage provided under
variable life insurance contracts and variable annuities; and
(6) personal lines:
property and casualty insurance coverage sold to individuals and
families for primarily noncommercial purposes.
(c) An individual insurance producer may receive
qualification for a license in one or more of the following limited lines:
(1) limited line credit insurance;
(2) farm property and liability insurance;
(3) title insurance;
(4) travel baggage insurance; and
(5) mobile telephone insurance; and
(6) (5) bail bonds.
Sec. 3. [60K.381] SALE OF PORTABLE ELECTRONICS
INSURANCE.
Subdivision 1.
Definitions. For purposes of this section, the following
terms have the following meanings:
(a) "Customer" means a person who purchases
portable electronics or services.
(b) "Covered customer" means a customer who elects
coverage under a portable electronics insurance policy issued to a vendor of
portable electronics.
(c) "Portable electronics" means electronic devices
that are portable in nature, their accessories, and services related to the use
of the device.
(d)(1) "Portable electronics insurance" means
insurance providing coverage for the repair or replacement of portable
electronics, which may cover portable electronics against any one or more of
the following causes of loss: loss,
theft, mechanical failure, malfunction, damage, or other applicable perils.
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(2) "Portable electronics insurance" does not
include:
(i) a service contract governed by chapter 59B;
(ii) a policy of insurance covering a seller's or a
manufacturer's obligations under a warranty; or
(iii) a homeowner's, renter's, private passenger automobile,
commercial multiperil, or similar policy that covers loss or theft of portable
electronics.
(e) "Portable electronics transaction" means:
(1) the sale or lease of portable electronics by a vendor to
a customer; or
(2) the sale of a service related to the use of portable
electronics by a vendor to a customer.
(f) "Supervising agency" means a business entity that
is a licensed insurance producer.
(g) "Vendor" means a business entity in the
business of engaging in portable electronics transactions, directly or
indirectly.
Subd. 2.
Licensure of vendors. (a) A vendor is required to hold a
limited lines license issued under this section to sell or offer coverage under
a policy of portable electronics insurance in connection with, and incidental
to, a portable electronics transaction with a customer.
(b) A limited lines license issued under this section shall authorize
any employee or authorized representative of the vendor to sell or offer
coverage under a policy of portable electronics insurance to a customer in
connection with, and incidental to, a portable electronics transaction at each
location at which the vendor engages in portable electronics transactions. The application for such a limited lines
license shall set forth each location at which the vendor offers coverage under
a policy of portable electronics insurance.
The vendor shall notify the commissioner within 30 days of adding or
eliminating such a location.
(c) Notwithstanding any other provision of law, a license
issued pursuant to this section shall authorize the licensee and its employees
or authorized representatives to engage only in those activities that are
expressly permitted in this section.
Subd. 3.
Requirements for sale of
portable electronics insurance. (a)
At every location where portable electronics insurance is offered to customers,
brochures, or other written materials must be made available to a prospective
customer which:
(1) disclose that portable electronics insurance may provide
a duplication of coverage already provided by a customer's homeowner's
insurance policy, renter's insurance policy, or other source of coverage;
(2) state that the enrollment by the customer in a portable
electronics insurance program is not required in order to purchase or lease
portable electronics or services;
(3) summarize the material terms of the insurance coverage,
including:
(i) the identity of the insurer;
(ii) the identity of the supervising agency;
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(iii) the amount of any
applicable deductible and how it is to be paid;
(iv) benefits of the
coverage;
(v) the
terms for terminating or modifying coverage as set forth in the policy of
portable electronics insurance; and
(vi) any material
exclusions, conditions, or other limitations of coverage including whether
portable electronics may be repaired or replaced with similar make and model
reconditioned or nonoriginal manufacturer parts or equipment;
(4) describe the process for
filing a claim, including a description of any requirements:
(i) to return portable
electronics and the maximum fee applicable in the event the customer fails to
comply with any equipment return requirements; and
(ii) any proof of loss
requirements; and
(5) state that the customer
may cancel enrollment for coverage under a portable electronics insurance
policy at any time and any unearned premium will be refunded on a pro rata
basis.
(b) Portable electronics
insurance may be offered on a month to month or other periodic basis as a group
or master commercial inland marine policy issued to a vendor of portable
electronics under which individual customers may elect to enroll for coverage.
(c) Notwithstanding any
other provision of Minnesota law regarding the termination or modification of
coverage under a policy of insurance, the terms for the termination or
modification of coverage under a policy of portable electronics insurance
issued in compliance with this chapter shall be as set forth in the policy.
(d) Eligibility and
underwriting standards for customers electing to enroll in coverage shall be
established for each portable electronics insurance program.
Subd. 4. Authority
of vendors of portable electronics. (a)
The employees and authorized representatives of vendors may sell or offer
portable electronics insurance to customers and shall not be subject to
licensure as an insurance producer under this chapter provided that:
(1) the vendor obtains a
limited lines license to authorize its employees or authorized representatives
to sell or offer portable electronics insurance pursuant to this section;
(2) the insurer issuing the
portable electronics insurance appoints a supervising agency to supervise the
administration of the program including development of a training program for
employees and authorized representatives of the vendors. The training required by this subdivision
shall comply with the following:
(i) the training shall be
delivered to all employees and authorized representatives of the vendors who
sell or offer portable electronics insurance;
(ii) the training may be
provided in electronic form. However, if
conducted in an electronic form, the supervising agency shall implement a
program of in-person training conducted by licensed employees of the
supervising agency to supplement the electronic training; and
(iii) each employee and
authorized representative shall receive basic instruction about the portable
electronics insurance offered to customers and the disclosures required under
subdivision 3; and
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(3) no employee or
authorized representative of a vendor of portable electronics shall advertise,
represent, or otherwise hold himself or herself out as a nonlimited lines
licensed insurance producer.
(b) The charges for
insurance coverage may be billed and collected by the vendor of portable
electronics. If billed and collected by
the vendor, the charges shall be separately itemized from the charges for the
purchase or lease of portable electronics or services. Vendors billing and collecting such charges
shall not be required to maintain such funds in a segregated account provided
that the vendor is authorized by the insurer to hold such funds in an
alternative manner and remits such amounts to the supervising agency within 60
days of receipt. All funds received by a
vendor from a customer for the sale of portable electronics insurance shall be
considered funds held by the vendor in a fiduciary capacity for the benefit of
the insurer. Vendors may receive
compensation for billing and collection services.
Sec. 4. Minnesota Statutes 2009 Supplement, section
60K.55, subdivision 2, is amended to read:
Subd. 2. Licensing
fees. (a) In addition to fees
provided for examinations and the technology surcharge required under paragraph
(d), each insurance producer licensed under this chapter shall pay to the
commissioner a fee of:
(1) $50 for an initial life,
accident and health, property, or casualty license issued to an individual
insurance producer, and a fee of $50 for each renewal;
(2) $50 for an initial
variable life and variable annuity license issued to an individual insurance
producer, and a fee of $50 for each renewal;
(3) $50 for an initial
personal lines license issued to an individual insurance producer, and a fee of
$50 for each renewal;
(4) $50 for an initial
limited lines license issued to an individual insurance producer, and a fee of
$50 for each renewal;
(5) $200 for an initial
license issued to a business entity, and a fee of $200 for each renewal; and
(6) $500 for an initial
surplus lines license, and a fee of $500 for each renewal;
(7) $100 per location for
the initial and renewal of a portable electronics insurance limited lines
license issued to a vendor, as defined in section 60K.381, subdivision 1,
paragraph (g), engaged in portable electronics transactions at ten or fewer
locations in this state as set forth in its application and any subsequent
notice under section 60K.381, subdivision 2, paragraph (b); and
(8) $6,500 for the initial
and renewal of a portable electronics insurance limited lines license issued to
a vendor, as defined in section 60K.381, subdivision 1, paragraph (g), engaged
in portable electronics transactions at more than ten locations in this state
as set forth in its application and any subsequent notice under section
60K.381, subdivision 2, paragraph (b).
(b) Initial licenses issued
to a business entity under this chapter and section 60K.381 are valid
for a period not to exceed 24 months and expire on October 31 of the renewal
year assigned by the commissioner.
Initial licenses issued to an individual insurance producer under this
chapter before August 1, 2010, are valid for a period not to exceed 24 months
and expire on October 31 of the renewal year assigned by the commissioner. Each individual license initially issued or
renewed on or after August 1, 2010, expires on the last day of the birth month
of the producer in the year that will result in the term of the license being
at least 12 months, but no more than 24 months.
Beginning with the first license expiration on the last day of the birth
month of an individual producer as set forth in
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this paragraph, all such
licenses must after this date expire biennially on the last day of the birth
month of the individual producer that is two years subsequent to the preceding
expiration date. Each renewal insurance
producer license is valid for a period of 24 months.
(c) All fees are nonreturnable, except that an overpayment of
any fee may be refunded upon proper application.
(d) In addition to the fees required under paragraph (a),
individual insurance producers shall pay, for each initial license and renewal,
a technology surcharge of up to $40 under section 45.24, unless the
commissioner has adjusted the surcharge as permitted under that section.
Sec. 5. Minnesota
Statutes 2009 Supplement, section 82B.05, subdivision 1, is amended to read:
Subdivision 1. Members.
The Real Estate Appraiser Advisory Board consists of 15
nine members appointed by the commissioner of commerce. Three of the members must be public
members, four must be consumers of appraisal services, of whom one
member must be employed in the financial lending industry, and eight
six must be real estate appraisers who are currently licensed in good
standing, of whom not less than two three members must be trainee
real property appraisers, licensed real property appraisers, or certified
residential real property appraisers, not less than two and three members
must be certified general real property appraisers, and not less than. At least one member of the board must
be certified by the Appraisal Qualification Board of the Appraisal Foundation
to teach the Uniform Standards of Professional Appraisal Practice. Each of the three categories of members
must include at least one member who lives or works outside of the seven-county
metropolitan area. The board is
governed by section 15.0575.
EFFECTIVE
DATE. This section is effective January 1,
2011.
Sec. 6. Minnesota
Statutes 2008, section 82B.05, subdivision 5, is amended to read:
Subd. 5. Conduct of meetings. Places of regular board meetings must be
decided by the vote of members. Written
notice must be given to each member of the time and place of each meeting of
the board at least ten days before the scheduled date of regular board
meetings. The board shall establish
procedures for emergency board meetings and other operational procedures, subject
to the approval of the commissioner.
The members of the board shall elect a chair from among the
members to preside at board meetings.
A quorum of the board is eight five members.
The board shall meet at least once every six months as determined
by a majority vote of the members or a call of the commissioner.
EFFECTIVE
DATE. This section is effective January 1,
2011.
Sec. 7. Minnesota
Statutes 2008, section 82B.05, is amended by adding a subdivision to read:
Subd. 7.
Enforcement data. The commissioner shall, on a regular
basis, provide the board with the commissioner's public enforcement data.
EFFECTIVE
DATE. This section is effective January 1,
2011.
Sec. 8. Minnesota
Statutes 2008, section 82B.06, is amended to read:
82B.06
POWERS OF THE BOARD.
The board shall make recommendations to the commissioner as
the commissioner requests or at the board's own initiative on:
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(1) rules with respect to each category of licensed real
estate appraiser, the type of educational experience, appraisal experience, and
equivalent experience that will meet the requirements of this chapter;
(2) examination specifications for each category of licensed
real estate appraiser, to assist in providing or obtaining appropriate
examination questions and answers, and procedures for grading examinations;
(3) rules with respect to each category of licensed real estate
appraiser, the continuing education requirements for the renewal of licensing
that will meet the requirements provided in this chapter;
(4) periodic review of the standards for the development and
communication of real estate appraisals provided in this chapter and rules
explaining and interpreting the standards; and
(5) other matters necessary in carrying out the provisions of
this chapter.
EFFECTIVE
DATE. This section is effective January
1, 2011.
Sec. 9. [82C.01] TITLE.
This chapter shall be known as the Minnesota Appraisal
Management Company Licensing and Regulation Act.
Sec. 10. [82C.02] DEFINITIONS.
Subdivision 1.
Terms. As used in this chapter, the terms in
this section have the meanings given them.
Subd. 2.
Appraisal. In conformance with the Uniform
Standards of Professional Appraisal Practice (USPAP), "appraisal" is
defined as: (noun) the act or process of
developing an opinion of value; an opinion of value; (adjective) of or
pertaining to appraising and related functions such as appraisal practice or
appraisal services. For purposes of this
chapter, all appraisals or assignments that are referred to involve one to four
unit single-family properties.
Subd. 3.
Appraisal assignment. "Appraisal assignment" means
an engagement for which an appraiser is employed or retained to act, as a
disinterested third party in giving an unbiased analysis, opinion, or
conclusion relating to the nature, quality, value, or utility of named
interests in, or aspects of, identified real estate.
Subd. 4.
Appraisal management company. "Appraisal management
company" means a corporation, partnership, sole proprietorship,
subsidiary, unit, or other business entity that directly or indirectly performs
the following appraisal management services:
(1) administers networks of independent contractors and/or
employee appraisers to perform residential real estate appraisal assignments
for clients;
(2) receives requests for residential real estate appraisal
services from clients and, for a fee paid by the client, enters into an
agreement with one or more independent appraisers to perform the real estate
appraisal services contained in the request; or
(3) serves as a third-party broker of appraisal management
services between clients and appraisers.
Subd. 5.
Appraisal management services. "Appraisal management
services" means the process of directly or indirectly performing any of
the following functions on behalf of a lender, financial institution, client,
or any other person to:
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(1) administer an appraiser panel;
(2) recruit, qualify, verify licensing or certification, and
negotiate fees and service level expectations with persons who are part of an
appraiser panel;
(3) receive an order for an appraisal from one person, and
deliver the order for the appraisal to an appraiser that is part of an
appraiser panel for completion;
(4) track and determine the status of orders for appraisals;
(5) conduct quality control of a completed appraisal prior to
the delivery of the appraisal to the person that ordered the appraisal; or
(6) provide a completed appraisal performed by an appraiser
to one or more clients.
Subd. 6.
Appraiser. "Appraiser" means a person who
is expected to perform valuation services competently and in a manner that is
independent, impartial, and objective, and who is licensed under chapter 82B.
Subd. 7.
Appraiser panel. "Appraiser panel" means a
network of licensed or certified appraisers who are independent contractors to
the appraisal management company that have:
(1) responded to an invitation, request, or solicitation from
an appraisal management company, in any form, to perform appraisals for persons
that have ordered appraisals through the appraisal management company, or to
perform appraisals for the appraisal management company directly, on a periodic
basis, as requested and assigned by the appraisal management company; and
(2) been selected and approved by an appraisal management
company to perform appraisals for any client of the appraisal management
company that has ordered an appraisal through the appraisal management company,
or to perform appraisals for the appraisal management company directly, on a
periodic basis, as assigned by the appraisal management company.
Subd. 8.
Appraisal review. "Appraisal review" means the
act of developing and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal assignment, except that
an examination of an appraisal for grammatical, typographical, or other similar
errors that do not make a substantive valuation change shall not be an
appraisal review.
Subd. 9.
Client. "Client" means any person or
entity that contracts with, or otherwise enters into an agreement with, an
appraisal management company for the performance of real estate appraisal
services or appraisal management services.
For purposes of this chapter, the appraisal management company is the
party engaging the independent appraiser and can be the appraiser's
client. However, this does not preclude
an appraisal management company from acting as a duly authorized agent for a
lender.
Subd. 10.
Commissioner. "Commissioner" means the
commissioner of commerce.
Subd. 11.
Controlling person. "Controlling person" means:
(1) any owner, officer, or director of an appraisal
management company seeking to offer appraisal management services in this
state;
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(2) an individual employed,
appointed, or authorized by an appraisal management company that has the
authority to enter into a contractual relationship with other persons for the
performance of appraisal management services and has the authority to enter
into agreements with appraisers for the performance of appraisals;
(3) an individual who
possesses, directly or indirectly, the power to direct or cause the direction
of the management or policies of an appraisal management company; or
(4) an individual who enters
into:
(i) contractual
relationships with clients for the performance of appraisal management
services; and
(ii) agreements with
employed and independent appraisers for the performance of real estate
appraisal services.
Subd. 12. Employee. "Employee" means an
individual who is treated as an employee for purposes of compliance with
federal income tax laws.
Subd. 13. Person. "Person" means a natural
person, firm, partnership, limited liability partnership, corporation,
association, limited liability company, or other form of business organization
and the officers, directors, employees, or agents of that person.
Subd. 14. USPAP. "USPAP" means the Uniform
Standards of Professional Appraisal Practice as established by the Appraisal
Foundation. State and federal regulatory
authorities enforce the content of the current or applicable edition of USPAP.
Sec. 11. [82C.03]
LICENSING.
Subdivision 1. Requirement. It is unlawful for a person,
corporation, partnership, sole proprietorship, subsidiary, unit, or other
business entity to directly or indirectly engage or attempt to engage in
business as an appraisal management company, to directly or indirectly engage
or attempt to perform appraisal management services, or to advertise or hold
itself out as engaging in or conducting business as an appraisal management
company without first obtaining a license issued by the commissioner under the
provisions of this chapter.
Subd. 2. Owner
requirements. (a) An
appraisal management company applying to the commissioner for a license in this
state may not be more than ten percent owned by any person that is currently subject
to any cease and desist order or injunctive order that would preclude
involvement with an appraisal management company, or that has ever:
(1) voluntarily surrendered
in lieu of disciplinary action an appraiser certification, registration or
license, or an appraisal management company license;
(2) been the subject of a
final order revoking or denying an appraiser certification, registration or
license, or an appraisal management company license; or
(3) a final order barring
involvement in any industry or profession issued by this or another state or
federal regulatory agency.
(b) A person that owns more
than ten percent of an appraisal management company in this state shall:
(1) be of good moral
character, as determined by the commissioner;
(2) submit to a background
investigation, as determined by the commissioner; and
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(3) certify to the commissioner
that the person has never been the subject of an order of certificate,
registration or license suspension, revocation, or denial; cease and desist
order; injunctive order; or order barring involvement in an industry or
profession issued by this or another state or federal regulatory agency.
Subd. 3. Designated
controlling person requirements. (a)
Designation. Each appraisal management company
applying to the commissioner for a license in this state shall designate a
controlling person that will be the main contact for all communication between
the commissioner and the appraisal management company.
(b) Requirements. In
order to serve as a designated controlling person of an appraisal management
company, a person must:
(1) certify to the commissioner
that the person is not currently subject to any cease and desist order or
injunctive order that would preclude involvement with an appraisal management
company, and has never been the subject of an order suspending, revoking, or
denying a certification, registration, or license for real estate services, or
a final order barring involvement in any industry or profession issued by this
or another state or federal regulatory agency;
(2) be of good moral
character, as determined by the commissioner; and
(3) submit to a background
investigation, as determined by the commissioner.
Subd. 4. Application
for license. Application for
an appraisal management company license must be submitted on a form prescribed
by the commissioner.
Subd. 5. Minimum
information. The application
must, at a minimum, include the following information:
(1) the name of the entity
seeking registration;
(2) the business address or
addresses of the entity seeking registration;
(3) telephone contact and
e-mail information of the entity seeking registration;
(4) if the entity is not a
corporation that is domiciled in this state, the name and contact information
for the company's agent for service of process in this state;
(5) the name, address, and
contact information for an individual or corporation, partnership, limited
liability company, association, or other business entity that owns ten percent
or more of the appraisal management company;
(6) the name, address, and
contact information for a controlling person or persons;
(7) a certification that the
entity has a system and process in place to verify that a person being added to
the employment or appraiser panel of the appraisal management company for
appraisal services within this state holds an active appraisal license in this
state pursuant to chapter 82B if a license is required to perform appraisals;
(8) a certification that the
entity has a system in place to review the work of all employed and independent
appraisers that are performing real estate appraisal services for the appraisal
management company on a periodic basis to verify that the real estate appraisal
assignments are being conducted in accordance with USPAP and chapter 82B;
(9) a certification that the
entity maintains a detailed record of each service request that it receives and
the independent appraiser that performs the real estate appraisal services for
the appraisal management company, pursuant to section 82C.13;
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(10) a certification that the employees of the appraisal
management company will be appropriately trained and familiar with the
appraisal process;
(11) a certification that the appraisal management company
has a system and process in place to verify that a person being added to the
appraiser panel of the appraisal management company holds a license in good
standing in this state pursuant to chapter 82B; and
(12) an irrevocable Uniform Consent to Service of Process,
pursuant to section 82C.07.
Subd. 6.
Effective date of license. Initial licenses issued under this
chapter are effective upon issuance and remain valid, subject to denial, suspension,
or revocation under this chapter, until the following August 31.
Sec. 12. [82C.04] TERM OF LICENSE.
Initial licenses issued under this chapter are valid for a
period not to exceed one year. Each initial
license must expire on August 31 of the expiration year assigned by the
commissioner.
Sec. 13. [82C.05] LICENSE RENEWAL.
Subdivision 1.
Term. Licenses renewed under this chapter
are valid for a period of 12 months.
Subd. 2.
Timely renewal. (a) Application for timely renewal of
a license is considered timely filed if received by the commissioner before the
date of the license expiration.
(b) An application for renewal is considered properly filed
if made upon a form prescribed by the commissioner, accompanied by fees
prescribed by this chapter, and containing any information the commissioner
requires.
(c) A licensee failing to make timely application for renewal
of the license is unlicensed until the renewal license has been issued by the commissioner
and is received by the licensee.
Subd. 3.
Contents of renewal
application. Application for
the renewal of an existing license must contain the information specified in
section 82C.03. However, only the
requested information having changed from the most recent prior application
need be submitted.
Subd. 4.
Cancellation. A licensee ceasing an activity or
activities regulated by this chapter and desiring to no longer be licensed
shall so inform the commissioner in writing and, at the same time, surrender
the license and all other symbols or indicia of licensure.
Sec. 14. [82C.06] EXEMPTIONS.
This chapter does not apply to:
(1) a person that exclusively employs appraisers on an
employer and employee basis for the performance of appraisals, and:
(i) the employer is responsible for ensuring that the
appraisals are performed by employees in accordance with USPAP; and
(ii) the employer accepts all liability associated with the
performance of the appraisal by the employee;
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(2) a department or unit within a financial institution that
is subject to direct regulation by an agency of the United States government,
or to regulation by an agency of this state, that receives a request for the
performance of an appraisal from one employee of the financial institution, and
another employee of the same financial institution assigns the request for the
appraisal to an appraiser that is an independent contractor to the institution,
except that an appraisal management company that is a wholly owned subsidiary
of a financial institution shall not be considered a department or unit within
a financial institution to which the provisions of this chapter do not apply;
(3) a person that enters into an agreement, whether written
or otherwise, with an appraiser for the performance of an appraisal, and upon
the completion of the appraisal, the report of the appraiser performing the
appraisal is signed by both the appraiser who completed the appraisal and the
appraiser who requested the completion of the appraisal, except that an
appraisal management company may not avoid the requirements of this chapter by
requiring that an employee of the appraisal management company that is an
appraiser to sign an appraisal that is completed by an appraiser that is part
of the appraisal panel of the appraisal management company; or
(4) any governmental agency performing appraisals on behalf
of that level of government or any agency performing ad valorem tax appraisals
for county assessors.
Sec. 15. [82C.07] CONSENT TO SERVICE OF PROCESS.
Each entity applying for a license as an appraisal management
company in this state shall complete an irrevocable Uniform Consent to Service
of Process as prescribed by the commissioner.
Sec. 16. [82C.08] LICENSING FEES.
Subdivision 1.
Establishment and retention. The fees shall be retained by the
commissioner for the sole purpose of administering this licensing and
regulation program.
Subd. 2.
Amounts. (a) Each application for initial
licensure shall be accompanied by a fee of $5,000.
(b) Each application for renewal of the license must be
received prior to the two-year expiration period with the renewal fee of
$2,500.
Subd. 3.
Forfeiture. All fees are nonrefundable except that
an overpayment of a fee must be refunded upon proper application.
Sec. 17. [82C.09] INVESTIGATIONS AND SUBPOENAS.
The commissioner has under this chapter the same powers with
respect to chapter 45.027, including the authority to impose a civil penalty
not to exceed $10,000 per violation.
Sec. 18. [82C.10] EMPLOYEE REQUIREMENTS.
An employee of the appraisal management company that has the
responsibility to review the work of employed and independent appraisers where
the subject properties are located within this state, which include the
reviewer's opinion of value or concurrence with the original appraiser's value,
must be licensed according to chapter 82B and perform the review assignments in
compliance with USPAP and chapter 82B.
This requirement does not apply to employees who review appraisals for
completeness and compliance in connection with an appraisal management
company's internal quality control processes, but who do not perform appraisal
reviews that are subject to Standard 3 of USPAP.
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Sec. 19. [82C.11] LIMITATIONS.
An appraisal management company licensed in this state
pursuant to this chapter may enter into contracts or agreements for appraisal
assignments in this state only with an employee or independent appraiser
holding an active Minnesota real estate appraiser license pursuant to chapter
82B.
Sec. 20. [82C.12] ADHERENCE TO STANDARDS.
An appraisal management company must have a system in place
to review the work of all employed and independent appraisers that are
performing real estate appraisal assignments for the appraisal management
company on a periodic basis to verify that the real estate appraisal services
are being conducted in accordance with USPAP and chapter 82B. An appraisal management company is required
to make referrals directly to state appraiser regulatory authorities when a
state licensed or certified appraiser violates USPAP, applicable state law, or
engages in other unethical or unprofessional conduct.
Sec. 21. [82C.13] RECORD KEEPING.
An appraisal management company must maintain a detailed
record of each service request that it receives and the employee appraiser or
independent appraiser that performs the appraisal assignment for the appraisal
management company.
Records must be kept for a period of at least five years
after the appraisal assignment request is sent to the independent appraiser or
completion of the appraisal report, whichever period expires later.
Sec. 22. [82C.14] APPRAISER INDEPENDENCE;
PROHIBITIONS.
(a) It is unlawful for any employee, director, officer, or
agent of an appraisal management company licensed in this state pursuant to
this chapter to influence or attempt to influence the development, reporting,
or review of an appraisal through coercion, extortion, collusion, compensation,
inducement, intimidation, or bribery, including but not limited to:
(1) withholding or threatening to withhold timely payment for
an appraisal;
(2) withholding or threatening to withhold future business or
assignments for an employed or independent appraiser, or demoting or
terminating or threatening to demote or terminate an employed or independent
appraiser;
(3) expressly or impliedly promising future business,
assignments, promotions, or increased compensation for an employed or
independent appraiser;
(4) conditioning the request for an appraisal assignment on
the payment of an appraisal fee or salary or bonus on the opinion, conclusion,
or valuation to be reached, or on a preliminary estimate or opinion requested
from an employed or independent appraiser;
(5) requesting that an employed or independent appraiser
provide an estimated, predetermined, or desired valuation in an appraisal
report, or provide estimated values or comparable sales at any time prior to
the completion of an appraisal assignment;
(6) providing to an employed or independent appraiser an
anticipated, estimated, encouraged, or desired value for a subject property or
a proposed or target amount to be loaned to the borrower, except that a copy of
the sales contract for purchase transactions may be provided;
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(7) providing to an employed
or independent appraiser, or any entity or person related to the appraiser,
stock, or other financial or nonfinancial benefits;
(8) allowing the removal of
an employed or independent appraiser from a list of qualified appraisers used
by any entity, without prior written notice to the appraiser, which notice must
include documented evidence of the appraiser's violation of USPAP, chapter 82B,
substandard performance, or otherwise improper or unprofessional behavior;
(9) request or require any
employed or independent appraiser to provide the appraisal management company
or any of its employees, or any of its clients, with the appraiser's digital
signature;
(10) alter, amend, or change
an appraisal report submitted by an appraiser, to include removing or applying
a signature, adding or deleting information from the appraisal report;
(11) require the appraiser
to collect the fee from a borrower, homeowner, or other person;
(12) require an appraiser to
sign any indemnification agreement that would require the appraiser to defend
and hold harmless the appraisal management company or any of its agents, or
employees for any liability, damage, losses, or claims arising out of the
services performed by the appraisal management company or its agents,
employees, or independent contractors and not the services performed by the
appraiser;
(13) use an appraiser
directly selected or referred by any member of a loan production staff for an
individual assignment; or
(14) any other act or
practice that impairs or attempts to impair an appraiser's independence,
objectivity, or impartiality.
(b) Nothing in paragraph (a)
prohibits the appraisal management company from requesting that an independent
appraiser:
(1) consider additional
appropriate property information;
(2) provide further detail,
substantiation, or explanation for the appraiser's value conclusion; or
(3) correct objective
factual errors in an appraisal report.
Sec. 23. [82C.15]
ADJUDICATION OF DISPUTES BETWEEN AN APPRAISAL MANAGEMENT COMPANY AND AN
INDEPENDENT APPRAISER.
Except within the first 30
days after an independent appraiser is first added to the appraiser panel of an
appraisal management company, an appraisal management company may not remove an
appraiser from its appraiser panel, or otherwise refuse to assign requests for
real estate appraisal services to an independent appraiser without:
(1) notifying the appraiser
in writing of the reasons why the appraiser is being removed from the appraiser
panel or is not receiving appraisal requests from the appraisal management
company;
(2) if the appraiser is
being removed from the panel for illegal conduct, having determined that the
appraiser has violated USPAP, or chapter 82B, taking into account the nature of
the alleged conduct or violation; and
(3) providing an opportunity
for the appraiser to respond and appeal the notification of the appraisal
management company.
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Sec. 24. [82C.16]
DENIAL, SUSPENSION, REVOCATION OF LICENSES.
Subdivision 1. Powers
of commissioner. The
commissioner may by order take any or all of the following actions:
(1) bar a person from
serving as an officer, director, partner, controlling person, or any similar
role at an appraisal management company, if such person has ever been the
subject of a final order suspending, revoking or denying a certification,
registration or license as a real estate agent, broker, or appraiser, or a
final order barring involvement in any industry or profession issued by this or
another state or federal regulatory agency;
(2) deny, suspend, or revoke
an appraisal management company license;
(3) censure an appraisal
management company license; and
(4) impose a civil penalty
as provided for in chapter 45.027.
(b) In order to take the
action in paragraph (a), the commissioner must find:
(1) that the order is in the
public interest; and
(2) that an officer,
director, partner, employee, agent, controlling person or persons, or any
person occupying a similar status or performing similar functions, has:
(i) violated any provision
of this chapter;
(ii) filed an application
for a license that is incomplete in any material respect or contains a
statement that, in light of the circumstances under which it is made, is false
or misleading with respect to a material fact;
(iii) failed to maintain
compliance with the affirmations made under section 80C.03, subdivision 5;
(iv) violated a standard of
conduct or engaged in a fraudulent, coercive, deceptive, or dishonest act or
practice, whether or not the act or practice involves the appraisal management
company;
(v) engaged in an act or
practice, whether or not the act or practice involves the business of appraisal
management, appraisal assignments, or real estate mortgage related practices,
that demonstrates untrustworthiness, financial irresponsibility, or incompetence;
(vi) pled guilty, with or
without explicitly admitting guilt, pled nolo contendere, or been convicted of
a felony, gross misdemeanor, or a misdemeanor involving moral turpitude;
(vii) paid a civil penalty
or been the subject of disciplinary action by the commissioner, or an order of
suspension or revocation, cease and desist order, or injunction order, or an
order barring involvement in an industry or profession issued by this or any
other state or federal regulatory agency or government-sponsored enterprise, or
by the secretary of Housing and Urban Development;
(viii) been found by a court
of competent jurisdiction to have engaged in conduct evidencing gross
negligence, fraud, misrepresentation, or deceit;
(ix) refused to cooperate
with an investigation or examination by the commissioner;
(x) failed to pay any fee or
assessment imposed by the commissioner; or
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12274
(xi) failed to comply with state and federal tax obligations.
Subd. 2.
Orders of the commissioner. To begin a proceeding under this
section, the commissioner shall issue an order requiring the subject of the
proceeding to show cause why action should not be taken against the licensee
according to this section. The order
must be calculated to give reasonable notice of the time and place for the
hearing and must state the reasons for entry of the order. The commissioner may by order summarily
suspend a license pending a final determination of an order to show cause. If a license is summarily suspended, pending
final determination of an order to show cause, a hearing on the merits must be
held within 30 days of the issuance of the order of summary suspension. All hearings must be conducted under chapter
14. After the hearing, the commissioner
shall enter an order disposing of the matter as the facts require. If the subject of the order fails to appear
at a hearing after having been duly notified of it, the subject is considered
in default, and the proceeding may be determined against the subject of the
order upon consideration of the order to show cause, the allegations of which
may be considered to be true.
Subd. 3.
Actions against lapsed
license. If a license lapses,
is surrendered, withdrawn, terminated, or otherwise becomes ineffective, the
commissioner may institute a proceeding under this subdivision within two years
after the license was last effective and enter a revocation or suspension order
as of the last date which the license was in effect, and may impose a civil
penalty as provided for in this section or section 45.027.
Sec. 25.
Minnesota Statutes 2008, section 115C.08, subdivision 1, is amended to
read:
Subdivision 1. Revenue sources. Revenue from the following sources must
be deposited in the state treasury and credited to a petroleum tank fund:
(1) the proceeds of the fee imposed by subdivision 3;
(2) money recovered by the state under sections 115C.04,
115C.05, and 116.491, including administrative expenses, civil penalties, and
money paid under an agreement, stipulation, or settlement;
(3) interest attributable to investment of money in the fund;
(4) money received by the board and agency in the form of
gifts, grants other than federal grants, reimbursements, or appropriations from
any source intended to be used for the purposes of the fund;
(5) fees charged for the operation of
the tank installer certification program established under section 116.491; and
(6) money obtained from the return of
reimbursements, civil penalties, or other board action under this chapter;
and
(7) the proceeds from the sales of all properties acquired by
the agency under subdivision 4.
Sec. 26.
Minnesota Statutes 2009 Supplement, section 115C.08, subdivision 4, is
amended to read:
Subd. 4. Expenditures. (a) Money in the fund may only be spent:
(1) to administer the petroleum tank release cleanup program
established in this chapter;
(2) for agency administrative costs under sections 116.46 to
116.50, sections 115C.03 to 115C.06, and costs of corrective action taken by
the agency under section 115C.03, including investigations;
(3) for costs of recovering expenses of corrective actions
under section 115C.04;
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12275
(4) for training, certification, and rulemaking under sections
116.46 to 116.50;
(5) for agency administrative costs of enforcing rules
governing the construction, installation, operation, and closure of aboveground
and underground petroleum storage tanks;
(6) for reimbursement of the environmental response,
compensation, and compliance account under subdivision 5 and section 115B.26,
subdivision 4;
(7) for administrative and staff costs as set by the board to
administer the petroleum tank release program established in this chapter;
(8) for corrective action performance audits under section
115C.093;
(9) for contamination cleanup grants, as provided in paragraph
(c); and
(10) to assess and remove abandoned underground storage tanks
under section 115C.094 and, if a release is discovered, to pay for the specific
consultant and contractor services costs necessary to complete the tank removal
project, including, but not limited to, excavation soil sampling, groundwater sampling,
soil disposal, and completion of an excavation report; and
(11) for property acquisition by the agency when the agency
has determined that purchasing a property where a release has occurred is the
most appropriate corrective action. The
acquisition of all properties is subject to approval by the board.
(b) Except as provided in paragraph (c), money in the fund is
appropriated to the board to make reimbursements or payments under this
section.
(c) $6,200,000 is annually appropriated from the fund to the
commissioner of employment and economic development for contamination cleanup
grants under section 116J.554. Of this
amount, the commissioner may spend up to $225,000 annually for administration
of the contamination cleanup grant program.
The appropriation does not cancel and is available until expended. The appropriation shall not be withdrawn from
the fund nor the fund balance reduced until the funds are requested by the
commissioner of employment and economic development. The commissioner shall schedule requests for
withdrawals from the fund to minimize the necessity to impose the fee
authorized by subdivision 2. Unless
otherwise provided, the appropriation in this paragraph may be used for:
(1) project costs at a qualifying site if a portion of the
cleanup costs are attributable to petroleum contamination or new and used tar
and tar-like substances, including but not limited to bitumen and asphalt, but
excluding bituminous or asphalt pavement, that consist primarily of
hydrocarbons and are found in natural deposits in the earth or are distillates,
fractions, or residues from the processing of petroleum crude or petroleum
products as defined in section 296A.01; and
(2) the costs of performing contamination investigation if
there is a reasonable basis to suspect the contamination is attributable to
petroleum or new and used tar and tar-like substances, including but not
limited to bitumen and asphalt, but excluding bituminous or asphalt pavement,
that consist primarily of hydrocarbons and are found in natural deposits in the
earth or are distillates, fractions, or residues from the processing of
petroleum crude or petroleum products as defined in section 296A.01.
Sec. 27. [325E.3891] CADMIUM IN CHILDREN'S
JEWELRY.
Subdivision 1.
Definitions. (a) As used in this section, the term:
(1) "accessible" has the meaning given in section
3.1.2 of the ASTM International Safety Specification on Toy Safety, F-963;
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12276
(2) "child" means an individual who is six years of
age or younger; and
(3) "children's jewelry" shall have the meaning set
forth in section 325E.389, subdivision 1, paragraph (c).
Subd. 2.
Prohibitions. Cadmium in any surface coating or
accessible substrate material of metal or plastic components of children's
jewelry shall not exceed 75 parts per million, as determined through solubility
testing for heavy metals defined in the ASTM International Safety Specification
on Toy Safety, ASTM standard F-963 and subsequent versions of this standard, if
the product is sold in this state unless this requirement is superseded by a
federal standard regulating cadmium in children's jewelry. This section shall not regulate any product
category for which an existing federal standard regulates cadmium exposure in
surface coatings and accessible substrate materials as required under ASTM
F-963.
Subd. 3.
Manufacturer or wholesaler. No manufacturer or wholesaler may sell
or offer for sale in this state children's jewelry that fails to meet the
requirements of subdivision 2.
Subd. 4.
Retailer. No retailer may sell or offer for sale
in this state children's jewelry that fails to meet the requirements of
subdivision 2. This subdivision does not
apply to sales or free distribution of jewelry by a nonprofit organization
described in section 501(c)(3) of the Internal Revenue Code or to isolated and
occasional sales of jewelry not made in the normal course of business.
Subd. 5.
Enforcement. The attorney general shall enforce
this section under section 8.31.
EFFECTIVE
DATE. This section is effective January 1,
2011, except that subdivision 4 is effective March 1, 2011.
Sec. 28. APPROPRIATIONS.
Subdivision 1.
Total appropriation. $523,000 is appropriated from the
general fund to the commissioner of commerce for the purposes indicated in the
following subdivisions, to be available for the fiscal year ending
June 30, 2011.
Subd. 2.
Mortgage originators and
servicers. $261,000 in fiscal
year 2011 is appropriated from the general fund to the commissioner of commerce
for implementing articles 4 and 5. The
base appropriation for this program is $138,000 in fiscal year 2012 and $142,000
in fiscal year 2013.
Subd. 3.
Appraisal management
companies. $223,000 in fiscal
year 2011 is appropriated from the general fund to the commissioner of commerce
for implementing sections 9 to 24. The
base appropriation for this program is $119,000 in fiscal year 2012 and
$123,000 in fiscal year 2013.
Subd. 4.
Portable electronics insurance
vendors. $39,000 is to
license vendors of portable electronics insurance.
ARTICLE 7
IRON RANGE RESOURCES
Section 1. Laws 2010,
chapter 216, section 58, is amended to read:
Sec. 58. 2010 DISTRIBUTIONS ONLY.
For distributions in 2010 only, a special fund is established
to receive 28.757 31.463 cents per ton that otherwise would be
allocated under Minnesota Statutes, section 298.28, subdivision 6. The following amounts are allocated to
St. Louis County acting as the fiscal agent for the recipients for the
specific purposes:
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12277
(1) 0.764 cent per ton must
be paid to Northern Minnesota Dental to provide incentives for at least two
dentists to establish dental practices in high-need areas of the taconite tax
relief area;
(2) 0.955 cent per ton must
be paid to the city of Virginia for repairs and geothermal heat at the Olcott
Park Greenhouse/Virginia Commons project;
(3) 0.796 cent per ton must
be paid to the city of Virginia for health and safety repairs at the Miners Memorial;
(4) 1.114 cents per ton must
be paid to the city of Eveleth for the reconstruction of Highway 142/Grant and
Park Avenues;
(5) 0.478 cent per ton must
be paid to the Greenway Joint Recreation Board for upgrades and capital
improvements to the public arena in Coleraine;
(6) 0.796 cent per ton must
be paid to the city of Calumet for water treatment and pumphouse modifications;
(7) 0.159 cent per ton must
be paid to the city of Bovey for residential and commercial claims for water
damage due to water and flood-related damage caused by the Canisteo Pit;
(8) 0.637 cent per ton must
be paid to the city of Nashwauk for a community and child care center;
(9) 0.637 cent per ton must
be paid to the city of Keewatin for water and sewer upgrades;
(10) 0.637 cent per ton must
be paid to the city of Marble for the city hall and library project;
(11) 0.955 cent per ton must
be paid to the city of Grand Rapids for extension of water and sewer services
for Lakewood Housing;
(12) 0.159 cent per ton must
be paid to the city of Grand Rapids for exhibits at the Children's Museum;
(13) 0.637 cent per ton must
be paid to the city of Grand Rapids for Block 20/21 soil corrections. This amount must be matched by local sources;
(14) 0.605 cent per ton must
be paid to the city of Aitkin for three water loops;
(15) 0.048 cent per ton must
be paid to the city of Aitkin for signage;
(16) 0.159 cent per ton must
be paid to Aitkin County for a trail;
(17) 0.637 cent per ton must
be paid to the city of Cohasset for the Beiers Road railroad crossing;
(18) 0.088 cent per ton must
be paid to the town of Clinton for expansion and striping of the community
center parking lot;
(19) 0.398 cent per ton must
be paid to the city of Kinney for water line replacement;
(20) 0.796 cent per ton must
be paid to the city of Gilbert for infrastructure improvements, milling, and
overlay for Summit Street between Alaska Avenue and Highway 135;
(21) 0.318 cent per ton must
be paid to the city of Gilbert for sanitary sewer main replacements and
improvements in the Northeast Lower Alley area;
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12278
(22) 0.637 cent per ton must be paid to the town of White for
replacement of the Stepetz Road culvert;
(23) 0.796 cent per ton must be paid to the city of Buhl for
reconstruction of Sharon Street and associated infrastructure;
(24) 0.796 cent per ton must be paid to the city of Mountain
Iron for site improvements at the Park Ridge development;
(25) 0.796 cent per ton must be paid to the city of Mountain
Iron for infrastructure and site preparation for its renewable and sustainable
energy park;
(26) 0.637 cent per ton must be paid to the city of Biwabik
for sanitary sewer improvements;
(27) 0.796 cent per ton must be paid to the city of Aurora
for alley and road rebuilding for the Summit Addition;
(28) 0.955 cent per ton must be paid to the city of Silver
Bay for bioenergy facility improvements;
(29) 0.318 cent per ton must be paid to the city of Grand
Marais for water and sewer infrastructure improvements;
(30) 0.318 cent per ton must be paid to the city of Orr for
airport, water, and sewer improvements;
(31) 0.716 cent per ton must be paid to the city of Cook for
street and bridge improvements and land purchase, provided that if the city
sells or otherwise disposes of any of the land purchased with the money
provided under this clause within a period of ten years after it was purchased,
the city must transfer a portion of the proceeds of the sale equal to the
amount of the purchase price paid from the money provided under this clause to
the commissioner of Iron Range Resources and Rehabilitation for deposit in the
taconite environmental protection fund to be used for the purposes of the fund
under Minnesota Statutes, section 298.223;
(32) 0.955 cent per ton must be paid to the city of Ely for
street, water, and sewer improvements;
(33) 0.318 cent per ton must be paid to the city of Tower for
water and sewer improvements;
(34) 0.955 cent per ton must be paid to the city of Two
Harbors for water and sewer improvements;
(35) 0.637 cent per ton must be paid to the city of Babbitt
for water and sewer improvements;
(36) 0.096 cent per ton must be paid to the township of
Duluth for infrastructure improvements;
(37) 0.096 cent per ton must be paid to the township of Tofte
for infrastructure improvements;
(38) 3.184 cents per ton must be paid to the city of Hibbing
for sewer improvements;
(39) 1.273 cents per ton must be paid to the city of Chisholm
for NW Area Project infrastructure improvements;
(40) 0.318 cent per ton must be paid to the city of Chisholm for
health and safety improvements at the athletic facility;
(41) 0.796 cent per ton must be paid to the city of Hoyt
Lakes for residential street improvements;
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12279
(42) 0.796 cent per ton must
be paid to the Bois Forte Indian Reservation for infrastructure related to a
housing development;
(43) 0.159 cent per ton must
be paid to Balkan Township for building improvements;
(44) 0.159 cent per ton must
be paid to the city of Grand Rapids for a grant to a nonprofit for a signage
kiosk;
(45) 0.318 cent per ton must
be paid to the city of Crane Lake for sanitary sewer lines and adjacent
development near County State-Aid Highway 24; and
(46) 0.159 cent per ton must
be paid to the city of Chisholm to rehabilitate historic wall infrastructure
around the athletic complex.; and
(47) 2.706 cents per ton
must be paid to the Virginia Regional Medical Center for operating room
equipment and renovations.
EFFECTIVE DATE. This section is effective for
the 2010 distribution, all of which must be made in the August 2010 payment
the day following final enactment.
EFFECTIVE DATE. This section is effective retroactively from April
2, 2010.
Sec. 2. GRANT
AGREEMENT.
The 2008 Producer Grant and
Loan Fund Grant Agreement between the state of Minnesota acting through the
office of the commissioner of Iron Range resources and rehabilitation and
St. Louis County for "The Pike River Road Project" and
"St. Louis County Maintenance Garage Project" shall remain in
effect until the project is completed and all obligations set forth in the
agreement have been satisfactorily fulfilled.
EFFECTIVE DATE. This section is effective the day following final
enactment.
Sec. 3. REVISOR'S
INSTRUCTION.
The revisor of statutes
shall code section 1 as Minnesota Statutes, section 298.2961, subdivision 7.
Sec. 4. REPEALER.
Laws 2010, chapter 215,
article 9, section 3, is repealed."
Delete the title and insert:
"A bill for an act
relating to economic development; amending the definition of green economy to
include the concept of green chemistry; creating a fast-action economic
response team; expanding the Minnesota investment fund; removing a grant
program restriction; expanding loan program to veteran-owned small businesses;
creating the Minnesota Science and Technology Authority; providing for a
comparative study of state laws affecting small business start-ups; modifying
certain unemployment insurance administrative, benefit, and tax provisions;
protecting customers from injuries resulting from use of inflatable play
equipment; modifying labor and industry licensing and certain license fee
provisions; modifying enforcement requirements of the State Building Code;
modifying the requirements of the Manufactured Home Building Code; allowing
expedited rulemaking; providing for licensing and regulation of individuals
engaged in mortgage loan origination or mortgage loan business; providing for
licensing and regulation of appraisal management companies; providing for
property acquisition from petroleum tank fund proceeds; regulating cadmium in
children's jewelry; regulating the sale and termination of portable electronics
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12280
insurance; authorizing
amendments to a municipal comprehensive plan for affordable housing; amending
Iron Range resources provisions; requiring certain reports; appropriating
money; amending Minnesota Statutes 2008, sections 58.04, subdivision 1; 58.08,
by adding a subdivision; 58.09; 58.10, subdivision 1; 58.11; 60K.36,
subdivision 2; 60K.38, subdivision 1; 82B.05, subdivision 5, by adding a
subdivision; 82B.06; 115C.08, subdivision 1; 116J.437, subdivision 1;
116J.8731, subdivisions 1, 4; 116J.996; 116L.665, subdivisions 3, 6, by adding
a subdivision; 136F.06, by adding a subdivision; 181.723, subdivision 5;
268.035, subdivision 20, by adding a subdivision; 268.046, subdivision 1;
268.051, subdivisions 2, 5, 7; 268.07, as amended; 268.085, subdivisions 9, 16;
268.095, subdivision 5; 268.101, by adding a subdivision; 268.184, subdivision
1; 326B.106, subdivision 9; 326B.133, subdivisions 1, 3, 8, 11, by adding
subdivisions; 326B.16; 326B.197; 326B.33, subdivisions 18, 20, 21; 326B.42, by
adding subdivisions; 326B.44; 326B.46, as amended; 326B.47; 326B.475,
subdivision 2; 326B.50, by adding subdivisions; 326B.54; 326B.55, as amended;
326B.56, as amended; 326B.805, subdivision 6; 326B.83, subdivisions 1, 3, 6;
326B.865; 326B.921, subdivisions 2, 4, 7; 326B.922; 326B.978, subdivision 2, by
adding a subdivision; 327.31, subdivision 17, by adding subdivisions; 327.32,
subdivision 1, by adding subdivisions; 327.34, subdivision 1; 327B.04,
subdivision 2; 363A.42, as added; 363A.43, as added; 462.355, subdivision 3;
469.1082, subdivision 5; 471.59, subdivision 10; Minnesota Statutes 2009
Supplement, sections 58.06, subdivision 2; 60K.55, subdivision 2; 82B.05,
subdivision 1; 115C.08, subdivision 4; 116J.8731, subdivision 3; 268.035,
subdivisions 19a, 23a; 268.052, subdivision 2; 268.053, subdivision 1; 268.085,
subdivision 1; 268.095, subdivisions 2, 6; 268.105, subdivision 1; 268.136, subdivision
1; 326B.33, subdivision 19; 326B.475, subdivision 4; 326B.49, subdivision 1;
326B.58; 326B.815, subdivision 1; 326B.86, subdivision 1; 326B.94, subdivision
4; 326B.986, subdivision 5; 327B.04, subdivisions 7, 7a, 8; 327B.041; Laws
2009, chapter 78, article 1, section 3, subdivision 2; Laws 2010, chapter 216,
section 58; proposing coding for new law in Minnesota Statutes, chapters 60K;
116J; 116L; 184B; 325E; 326B; proposing coding for new law as Minnesota
Statutes, chapters 58A; 82C; 116W; repealing Minnesota Statutes 2008, sections
116J.657; 326B.133, subdivisions 9, 10; 326B.37, subdivision 13; 326B.475,
subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3, 4;
326B.976; 327.32, subdivision 4; 327C.07, subdivisions 3a, 8; Minnesota
Statutes 2009 Supplement, sections 58.126; 326B.56, subdivision 4; 326B.986,
subdivision 2; Laws 2010, chapter 215, article 9, section 3; Minnesota Rules,
parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, 4; 1350.7200, subpart 3;
1350.8000, subpart 2."
We request the adoption of
this report and repassage of the bill.
Senate Conferees: David
Tomassoni, Dan Sparks, Kathy Saltzman, Kenneth Kelash and Katie Sieben.
House Conferees: Mike
Obermueller, Tom Rukavina, Tim Mahoney, Larry Haws and Bob Gunther.
Obermueller moved that the report of the Conference Committee
on S. F. No. 2510 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
S. F. No. 2510,
A bill for an act relating to economic development; amending the definition of
green economy to include the concept of green chemistry; creating a fast-action
economic response team; expanding the Minnesota investment fund; removing a
grant program restriction; expanding loan program to veteran-owned small
businesses; creating the Minnesota Science and Technology Authority; providing
for a comparative study of state laws affecting small business start-ups;
modifying certain unemployment insurance administrative, benefit, and tax
provisions; protecting customers from injuries resulting from use of inflatable
play equipment; modifying labor and industry licensing and certain license fee
provisions; modifying enforcement requirements of the State Building Code;
modifying the requirements of the Manufactured Home Building Code; allowing
expedited rulemaking; providing for licensing and regulation of individuals
engaged in mortgage loan origination or mortgage loan business; providing for
licensing and regulation of appraisal management companies; providing for
property acquisition from petroleum tank fund proceeds; clarifying requirements
for granting additional cable franchises; regulating cadmium
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12281
in children's jewelry;
regulating the sale and termination of portable electronics insurance;
authorizing amendments to a municipal comprehensive plan for affordable
housing; amending Iron Range resources provisions; requiring certain reports;
appropriating money; amending Minnesota Statutes 2008, sections 58.04,
subdivision 1; 58.08, by adding a subdivision; 58.09; 58.10, subdivision 1;
58.11; 60K.36, subdivision 2; 60K.38, subdivision 1; 82B.05, subdivision 5, by
adding a subdivision; 82B.06; 115C.08, subdivision 1; 116J.437, subdivision 1;
116J.8731, subdivisions 1, 4; 116J.996; 181.723, subdivision 5; 238.08,
subdivision 1; 268.035, subdivision 20; 268.046, subdivision 1; 268.051,
subdivisions 2, 5, 7; 268.07, as amended; 268.085, subdivision 9; 326B.106,
subdivision 9; 326B.133, subdivisions 1, 3, 8, 11, by adding subdivisions;
326B.16; 326B.197; 326B.33, subdivisions 18, 20, 21; 326B.42, by adding
subdivisions; 326B.44; 326B.46, as amended; 326B.47; 326B.475, subdivision 2;
326B.50, by adding subdivisions; 326B.54; 326B.55, as amended if enacted;
326B.56, as amended; 326B.805, subdivision 6; 326B.83, subdivisions 1, 3, 6;
326B.865; 326B.921, subdivisions 2, 4, 7; 326B.922; 326B.978, subdivision 2, by
adding a subdivision; 327.31, subdivision 17, by adding subdivisions; 327.32,
subdivision 1, by adding subdivisions; 327B.04, subdivision 2; 462.355,
subdivision 3; Minnesota Statutes 2009 Supplement, sections 58.06, subdivision
2; 60K.55, subdivision 2; 82B.05, subdivision 1; 115C.08, subdivision 4;
116J.8731, subdivision 3; 116L.20, subdivision 1; 268.035, subdivision 19a;
268.052, subdivision 2; 268.053, subdivision 1; 268.085, subdivision 1;
268.136, subdivision 1; 326B.33, subdivision 19; 326B.475, subdivision 4;
326B.49, subdivision 1; 326B.58; 326B.815, subdivision 1; 326B.86, subdivision
1; 326B.94, subdivision 4; 326B.986, subdivision 5; 327B.04, subdivisions 7,
7a, 8; 327B.041; Laws 2009, chapter 78, article 1, section 3, subdivision 2;
Laws 2010, chapter 216, section 58; proposing coding for new law in Minnesota
Statutes, chapters 60K; 116J; 184B; 325E; 326B; proposing coding for new law as
Minnesota Statutes, chapters 58A; 82C; 116W; repealing Minnesota Statutes 2008,
sections 116J.657; 326B.133, subdivisions 9, 10; 326B.37, subdivision 13;
326B.475, subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3,
4; 326B.976; 327.32, subdivision 4; 327C.07, subdivisions 3, 3a, 8; Minnesota
Statutes 2009 Supplement, sections 58.126; 326B.56, subdivision 4; Laws 2010,
chapter 215, article 9, section 3; Minnesota Rules, parts 1301.0500; 1301.0900;
1301.1100, subparts 2, 3, 4; 1350.7200, subpart 3; 1350.8000, subpart 2.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 91 yeas and 42 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12282
Those who
voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Welti
Westrom
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 2695.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2695
A bill for
an act relating to health; modifying mandatory reporting requirements related
to pregnant women; amending Minnesota Statutes 2008, section 626.5561,
subdivision 1.
May 8, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2695 report that we have
agreed upon the items in dispute and recommend as follows:
That the House
recede from its amendment and that S. F. No. 2695 be further
amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
626.5561, subdivision 1, is amended to read:
Subdivision
1. Reports
required. (a) Except as provided
in paragraph (b), a person mandated to report under section 626.556,
subdivision 3, shall immediately report to the local welfare agency if the
person knows or has reason to believe that a woman is pregnant and has used a
controlled substance for a nonmedical purpose during the pregnancy, including,
but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages
during the pregnancy in any way that is habitual or excessive.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12283
(b) A health care
professional or a social service professional who is mandated to report under
section 626.556, subdivision 3, is exempt from reporting under paragraph (a) a
woman's use or consumption of tetrahydrocannabinol or alcoholic beverages
during pregnancy if the professional is providing the woman with prenatal care
or other healthcare services.
(c) Any person may make a voluntary
report if the person knows or has reason to believe that a woman is pregnant
and has used a controlled substance for a nonmedical purpose during the
pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed
alcoholic beverages during the pregnancy in any way that is habitual or
excessive. An oral report shall be made
immediately by telephone or otherwise.
An oral report made by a person required to report shall be followed
within 72 hours, exclusive of weekends and holidays, by a report in writing to
the local welfare agency. Any report
shall be of sufficient content to identify the pregnant woman, the nature and
extent of the use, if known, and the name and address of the reporter.
(d) For purposes of this
section, "prenatal care" means the comprehensive package of medical
and psychological support provided throughout the pregnancy."
We request the adoption of
this report and repassage of the bill.
Senate Conferees: Kathy
Sheran, Linda Higgins and Julianne
Ortman.
House Conferees: Maria
Ruud, Debra Hilstrom and Jim
Abeler.
Ruud moved that the report of the Conference Committee on
S. F. No. 2695 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
S. F. No. 2695,
A bill for an act relating to health; modifying mandatory reporting
requirements related to pregnant women; amending Minnesota Statutes 2008,
section 626.5561, subdivision 1.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 119 yeas and
14 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12284
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Dettmer
Drazkowski
Emmer
Garofalo
Holberg
Hoppe
Kohls
Lanning
Peppin
Scott
Seifert
Severson
Shimanski
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 3147.
The Senate has
repassed said bill in accordance with the recommendation and report of the Conference
Committee. Said Senate File is herewith
transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 3147
A bill for
an act relating to health occupation; requiring license revocation for
chiropractors convicted of a felony-level criminal sexual conduct offense;
amending Minnesota Statutes 2008, sections 148.10, by adding a subdivision;
364.09.
May 7, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 3147 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 3147 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
148.10, is amended by adding a subdivision to read:
Subd. 7. Conviction
of a felony-level criminal sexual conduct offense. (a) Except as provided in paragraph
(e), the board shall not grant or renew a license to practice chiropractic to
any person who has been convicted on or after August 1, 2010, of any of the
provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344,
subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b)
to (o).
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12285
(b) A
license to practice chiropractic is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a) of this section.
(c) A
license to practice chiropractic that has been denied or revoked under this subdivision
is not subject to chapter 364.
(d) For
purposes of this subdivision, "conviction" means a plea of guilty, a
verdict of guilty by a jury, or a finding of guilty by the court, unless the
court stays imposition or execution of the sentence and final disposition of
the case is accomplished at a nonfelony level.
(e) The
board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) of this subdivision may become licensed provided that
the criteria:
(1) utilize
a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;
(2) provide
a standard for overcoming the presumption; and
(3) require
that a minimum of ten years has elapsed since the applicant was released from
any incarceration or supervisory jurisdiction related to the offense.
The board
shall not consider an application under this paragraph if the board determines
that the victim involved in the offense was a patient or a client of the
applicant at the time of the offense.
EFFECTIVE DATE. This
section is effective for new licenses issued on or after August 1, 2010.
Sec. 2. Minnesota Statutes 2008, section 364.09, is
amended to read:
364.09 EXCEPTIONS.
(a) This
chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph
(f); to fire protection agencies; to eligibility for a private detective or
protective agent license; to the licensing and background study process under
chapters 245A and 245C; to eligibility for school bus driver endorsements; to
eligibility for special transportation service endorsements; to eligibility for
a commercial driver training instructor license, which is governed by section
171.35 and rules adopted under that section; to emergency medical services
personnel, or to the licensing by political subdivisions of taxicab drivers, if
the applicant for the license has been discharged from sentence for a
conviction within the ten years immediately preceding application of a
violation of any of the following:
(1)
sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;
(2) any
provision of chapter 152 that is punishable by a maximum sentence of 15 years
or more; or
(3) a
violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.
This
chapter also shall not apply to eligibility for juvenile corrections
employment, where the offense involved child physical or sexual abuse or
criminal sexual conduct.
(b) This
chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12286
(c) Nothing
in this section precludes the Minnesota Police and Peace Officers Training
Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's
discretion to apply to law enforcement or fire protection agencies.
(d) This
chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091,
subdivision 1a.
(e) This
chapter does not apply to any person who has been denied a license to practice
chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.
EFFECTIVE DATE. This section
is effective for new licenses issued on or after August 1, 2010.
Sec. 3. COUNCIL
OF HEALTH BOARDS.
The Council
of Health Boards established in section 214.025 shall review the statutory
provisions of sections 148.10, subdivision 7, and 364.09, paragraph (e), and
make recommendations to the house of representatives and senate legislative
committees with jurisdiction over licensing health-related occupations
regarding the impact of similar legislation on the health-related licensing
boards. The commissioner of health or a
designee shall participate in this review.
The recommendations shall be submitted no later than January 15, 2011,
and include any proposed legislation.
EFFECTIVE DATE. This section
is effective the day following final enactment."
Amend the
title as follows:
Page 1, line
3, after the semicolon, insert "requiring a report;"
We request the adoption of this report and
repassage of the bill.
Senate Conferees: Sharon
Erickson Ropes, Mike Parry and Mary
Olson.
House Conferees: Gail
Kulick Jackson, Carolyn Laine and Jim
Abeler.
Jackson moved that the report of the
Conference Committee on S. F. No. 3147 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 3147, A bill for
an act relating to health occupation; requiring license revocation for
chiropractors convicted of a felony-level criminal sexual conduct offense;
amending Minnesota Statutes 2008, sections 148.10, by adding a subdivision;
364.09.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12287
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 1060.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 1060
A bill for
an act relating to transportation; modifying management, priorities, research,
and planning provisions related to Department of Transportation; requiring
reports; amending Minnesota Statutes 2008, sections 161.53; 165.03, by adding a
subdivision; 174.02, subdivision 1a; 174.03, subdivision 1a, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 167.
May 10, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 1060 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 1060 be
further amended as follows:
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12288
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
161.53, is amended to read:
161.53 RESEARCH ACTIVITIES.
(a) The
commissioner may set aside in each fiscal year up to two percent of the total
amount of all funds appropriated to the commissioner other than county
state-aid and municipal state-aid highway funds for transportation research
including public and private research partnerships. The commissioner shall spend this money for
(1) research to improve the design, construction, maintenance, management, and
environmental compatibility of transportation systems, including research
into and implementation of innovations in bridge-monitoring technology and
bridge inspection technology; bridge inspection techniques and best practices;
and the cost-effectiveness of deferred or lower cost highway and bridge design
and maintenance activities and their impacts on long-term trunk highway costs
and maintenance needs; (2) research on transportation policies that enhance
energy efficiency and economic development; (3) programs for implementing and
monitoring research results; and (4) development of transportation education
and outreach activities.
(b) Of all
funds appropriated to the commissioner other than state-aid funds, the
commissioner shall spend at least 0.1 percent, but not exceeding $1,200,000 in
any fiscal year, for research and related activities performed by the Center
for Transportation Studies of the University of Minnesota. The center shall establish a technology
transfer and training center for Minnesota transportation professionals.
Sec. 2. Minnesota Statutes 2008, section 165.03, is
amended by adding a subdivision to read:
Subd. 8. Biennial
report on bridge inspection quality assurance. By February 1 of each odd-numbered
year, the commissioner shall submit a report electronically to the members of
the senate and house of representatives committees with jurisdiction over
transportation policy and finance concerning quality assurance for bridge
inspections. At a minimum, the report
must:
(1)
summarize the bridge inspection quality assurance and quality control
procedures used in Minnesota;
(2) identify
any substantive changes to quality assurance and quality control procedures
made in the previous two years;
(3)
summarize and provide a briefing on findings from bridge inspection quality
reviews performed in the previous two years;
(4) identify
actions taken and planned in response to findings from bridge inspection
quality reviews performed in the previous two years;
(5) summarize the results of any bridge inspection compliance review by
the Federal Highway Administration; and
(6) identify
actions in response to the Federal Highway Administration compliance review
taken by the department in order to reach full compliance.
Sec. 3. [167.60]
DEBT-FINANCING MANAGEMENT POLICY.
(a) By July
1, 2010, the commissioner shall develop a debt-financing management policy for
trunk highway bonds, federal advanced construction funds, and other forms of
highway financing based on debt or future repayment. The policy must be used by the department to
guide decision making related to debt financing. The commissioner may update the policy as
necessary. In developing and updating
the policy, the commissioner shall consult with the commissioner of management
and budget and the chairs and ranking minority members of the senate and house
of representatives committees with jurisdiction over transportation finance.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12289
(b) The
debt-financing management policy must address relevant financial issues,
including, but not limited to:
(1) limits
on cumulative amounts of debt for the trunk highway system from all state and
federal sources;
(2)
eligibility of projects for debt-financing funds;
(3)
allocation and use of funds;
(4) terms of
debt service and methods of repayment;
(5)
management of trunk highway fund balance impacts; and
(6) mitigation
of risks from different forms of debt financing.
(c) Upon
creation or formal revision of the debt-financing management policy, the
commissioner shall distribute electronic copies to the members of the senate
and house of representatives committees with jurisdiction over transportation
finance, and as required for reports to the legislature under section 3.195,
subdivision 1.
Sec. 4. Minnesota Statutes 2008, section 174.02,
subdivision 1a, is amended to read:
Subd. 1a. Mission;
efficiency; legislative report, recommendations. It is part of the department's mission
that within the department's resources the commissioner shall endeavor to:
(1) prevent
the waste or unnecessary spending of public money;
(2) use
innovative fiscal and human resource practices to manage the state's resources
and operate the department as efficiently as possible;
(3) minimize
the degradation of air and water quality;
(4)
coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;
(5) use
technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase
public participation in the business of government;
(6) utilize constructive
and cooperative labor-management practices to the extent otherwise required by
chapters 43A and 179A;
(7) ensure
that the safety, maintenance, and preservation of Minnesota's transportation
infrastructure is a primary priority;
(8) report to
the legislature on the performance of agency operations and the accomplishment
of agency goals in the agency's biennial budget according to section 16A.10,
subdivision 1; and
(8) (9) recommend
to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the department.
Sec. 5. Minnesota Statutes 2008, section 174.02, is
amended by adding a subdivision to read:
Subd. 8. Electronic
reports. For any legislative
report required to be submitted by the commissioner by law, in which the report
may or must be submitted electronically, the commissioner shall meet the
requirements under section 3.195, subdivision 1.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12290
Sec. 6. Minnesota Statutes 2008, section 174.03,
subdivision 1a, is amended to read:
Subd. 1a. Revision
of state statewide multimodal transportation plan. (a) The commissioner shall revise
the state statewide multimodal transportation plan by January 1
15, 1996, January 1, 2000, and, if the requirements of clauses (1)
and (2) have been met in the previous revision 2013, and by
January 1 15 of every third even-numbered year four
years thereafter. Before final
adoption of a revised plan, the commissioner shall hold a hearing to receive
public comment on the preliminary draft of the revised plan.
The (b) Each
revised state statewide multimodal transportation plan must:
(1)
incorporate the goals of the state transportation system in section 174.01; and
(2)
establish objectives, policies, and strategies for achieving those goals.;
and
(3) identify
performance targets for measuring progress and achievement of transportation
system goals, objectives, or policies.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2008, section 174.03, is
amended by adding a subdivision to read:
Subd. 1c. Statewide
highway 20-year capital investment plan.
By January 15, 2013, and in conjunction with each future revision
of the statewide multimodal transportation plan, the commissioner shall prepare
a 20-year statewide highway capital investment plan that:
(1) incorporates
performance measures and targets for assessing progress and achievement of the
state's transportation goals, objectives, and policies identified in this
chapter for the state trunk highway system, and those goals, objectives, and
policies established in the statewide multimodal transportation plan. Performance targets must be based on
objectively verifiable measures, and address, at a minimum, preservation and
maintenance of the structural condition of state highway bridges and pavements,
safety, and mobility;
(2)
summarizes trends and impacts for each performance target over the past five
years;
(3)
summarizes the amount and analyzes the impact of the department's capital
investments and priorities over the past five years on each performance target,
including a comparison of prior plan projected costs with actual costs;
(4)
identifies the investments required to meet the established performance targets
over the next 20-year period;
(5) projects
available state and federal funding over the 20-year period, including any
unique, competitive, time-limited, or focused funding opportunities;
(6)
identifies strategies to ensure the most efficient use of existing
transportation infrastructure, and to maximize the performance benefits of
projected available funding;
(7)
establishes investment priorities for projected funding, including a schedule
of major projects or improvement programs for the 20-year period together with
projected costs and impact on performance targets; and
(8)
identifies those performance targets identified under clause (1) not expected
to meet the target outcome over the 20-year period together with alternative
strategies that could be implemented to meet the targets.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12291
Sec. 8. [174.93]
GUIDEWAY INVESTMENT.
Subdivision
1. Definitions. (a) For
purposes of this section, the following terms have the meanings given:
(1)
"commissioner" means the commissioner of transportation; and
(2)
"guideway" means a form of transportation service provided to the
public on a regular and ongoing basis, that operates on exclusive or controlled
rights-of-way or rails in whole or in part, and includes each line for
intercity passenger rail, commuter rail, light rail transit, streetcars, and
bus rapid transit.
(b) For
purposes of this section, "sources of funds" includes, but is not
limited to, money from federal aid, state appropriations, the Metropolitan
Council, special taxing districts, local units of government, fare box
recovery, and nonpublic sources.
Subd. 2. Legislative
report. (a) By November 15 in
every odd-numbered year, the commissioner shall prepare, in collaboration with
the Metropolitan Council, and submit a report electronically to the chairs and
ranking minority members of the house of representatives and senate committees
with jurisdiction over transportation policy and finance concerning the status
of guideway projects (1) currently in study, planning, development, or
construction; (2) identified in the transportation policy plan under section
473.146; or (3) identified in the comprehensive statewide freight and passenger
rail plan under section 174.03, subdivision 1b.
(b) At a
minimum, the report must include, for each guideway project:
(1) a brief
description of the project, including projected ridership;
(2) a summary
of the overall status and current phase of the project;
(3) a
timeline that includes (i) project phases or milestones; (ii) expected and
known dates of commencement of each phase or milestone; and (iii) expected and
known dates of completion of each phase or milestone;
(4) a brief
progress update on specific project phases or milestones completed since the
last previous submission of a report under this subdivision; and
(5) a
summary financial plan that identifies, to the extent available:
(i) capital
expenditures, including expenditures to date and total projected expenditures,
with a breakdown by committed and proposed sources of funds for the project;
and
(ii)
estimated annual operations and maintenance expenditures reflecting the level
of detail available in the current phase of the project development, with a
breakdown by committed and proposed sources of funds for the projects in the
Metropolitan Council's transportation policy plan.
Sec. 9. REPORT
ON DEPARTMENT OF TRANSPORTATION MANAGEMENT CHANGES.
(a) By
February 1, 2011, the commissioner of transportation shall submit a report
electronically to the members of the senate and house of representatives
committees with jurisdiction over transportation policy and finance concerning recent
changes in the department's organizational structure, internal procedures and
practices, and anticipated budget. The
report must include, but is not limited to:
(1) a
summary and review of the department organizational structure for bridge
management, maintenance, and inspections, including a brief explanation of any
relevant structural or organizational changes made since
August 1, 2007;
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12292
(2) an
analysis of the division of bridge-related duties and decision-making
responsibilities between districts and central administration;
(3) a summary of current agency procedures and processes, and any
changes made since August 1, 2007, related to:
(i)
initiation of bridge re-rating and use of bridge inspection findings in the
re-rating process;
(ii)
implementation of agencywide standards for documenting bridge inspection
findings and decision making for postinspection bridge maintenance; and
(iii) other
changes designed to ensure or enhance the safety of Minnesota's transportation
infrastructure; and
(4) a
budget analysis of anticipated funding and funding allocations for pavement
preservation and highway maintenance, safety projects, mobility enhancement
projects, and highway and bridge construction, for fiscal years 2012 through
2018, including a discussion of any anticipated budgetary challenges or risks.
(b) In
addition to an electronic report, the commissioner shall prepare a summary of
findings from the report for distribution and oral testimony to the chairs of
the senate and house of representatives committees with jurisdiction over
transportation finance, who shall make every reasonable effort to arrange
testimony from the department during the 2011 legislative session."
Delete the
title and insert:
"A
bill for an act relating to transportation; modifying management, priorities,
research, and planning provisions related to Department of Transportation;
requiring reports; amending Minnesota Statutes 2008, sections 161.53; 165.03,
by adding a subdivision; 174.02, subdivision 1a, by adding a subdivision;
174.03, subdivision 1a, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapters 167; 174."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
D. Scott Dibble, Kathy Saltzman
and Joe Gimse.
House Conferees:
Melissa Hortman, Frank Hornstein
and Carol McFarlane.
Hortman moved that the report of the
Conference Committee on S. F. No. 1060 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 1060,
A bill for an act relating to transportation; modifying management, priorities,
research, and planning provisions related to Department of Transportation;
requiring reports; amending Minnesota Statutes 2008, sections 161.53; 165.03,
by adding a subdivision; 174.02, subdivision 1a; 174.03, subdivision 1a, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 167.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12293
The question was taken on the repassage of the bill and the
roll was called. There were 133 yeas and
0 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was repassed, as amended by Conference, and its title
agreed to.
Madam Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 2540.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Colleen
J. Pacheco,
First Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT
ON S. F. NO. 2540
A bill for an act relating
to transportation; modifying or adding provisions relating to truck insurance,
school bus transportation, transportation construction impacts on business,
rest areas, highways, bridges, transportation contracts, variances from rules
and engineering standards for local streets and highways, the state park road
account, tax-exempt vehicles, license plates, deputy registrars, vehicles and
drivers, impounds, towing, pedestrians, intersection gridlock, bus and type III
vehicle operation, various traffic regulations, cargo tank vehicle weight
exemptions, drivers' licenses, transportation department goals and mission, the
Disadvantaged Business Enterprise Collaborative, a Minnesota Council of
Transportation Access, complete streets, a Commuter Rail Corridor Coordinating
Committee, railroad track safety, motor carriers, allocation of traffic fines,
airport authorities, property
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12294
acquisition for highways,
transit, town road interest extinguishment nullification, Northstar commuter rail,
and roundabouts design; providing for State Patrol tax compliance and vehicle
crimes investigations; providing for issuance and sale of trunk highway bonds;
requiring reports; making technical and clarifying changes; appropriating
money; amending Minnesota Statutes 2008, sections 65B.43, subdivision 2;
161.14, by adding subdivisions; 161.3426, subdivision 3, by adding a
subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a; 165.14,
subdivisions 4, 5; 168.12, subdivisions 2a, 2b, by adding a subdivision;
168.123, subdivisions 1, 2; 168.1255, subdivision 1; 168.1291, subdivisions 1,
2; 168.33, subdivision 2; 168B.04, subdivision 2; 168B.06, subdivision 1;
168B.07, subdivision 3; 169.041, subdivision 5; 169.09, subdivision 5a; 169.15;
169.26, by adding a subdivision; 169.306; 169.79, subdivision 3; 169.87, by
adding a subdivision; 169.92, subdivision 4; 171.321, subdivision 2; 174.01,
subdivisions 1, 2; 174.02, subdivision 1a; 174.86, subdivision 5; 219.01;
221.012, subdivision 38, by adding a subdivision; 221.0252, subdivision 7;
221.036, subdivisions 1, 3; 221.221, subdivision 3; 221.251, subdivision 1;
360.061, subdivision 3; 473.167, subdivision 2a; 473.411, subdivision 5;
514.18, subdivision 1a; Minnesota Statutes 2009 Supplement, sections 123B.92,
subdivision 1; 160.165; 161.14, subdivision 62; 162.06, subdivision 5; 168.012,
subdivision 1; 168.12, subdivision 5; 169.71, subdivision 1; 169.865,
subdivision 1; 171.02, subdivision 2b; 174.66; 221.026, subdivision 2; 221.031,
subdivision 1; 221.122, subdivision 1; 299D.03, subdivision 5; Laws 2008,
chapter 287, article 1, section 122; Laws 2009, chapter 36, article 1, sections
1; 3, subdivisions 1, 2, 3; 5, subdivisions 1, 3, 4; proposing coding for new
law in Minnesota Statutes, chapters 160; 168; 174; 221; 383D; repealing
Minnesota Statutes 2008, sections 169.041, subdivisions 3, 4; 221.161,
subdivisions 2, 3; 221.291, subdivision 5; Minnesota Statutes 2009 Supplement,
sections 221.161, subdivisions 1, 4; 221.171; Minnesota Rules, parts 7805.0300;
7805.0400.
May 8, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2540 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 2540 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2009 Supplement,
section 123B.92, subdivision 1, is amended to read:
Subdivision
1. Definitions. For purposes of this section and section
125A.76, the terms defined in this subdivision have the meanings given to them.
(a)
"Actual expenditure per pupil transported in the regular and excess
transportation categories" means the quotient obtained by dividing:
(1) the sum
of:
(i) all
expenditures for transportation in the regular category, as defined in
paragraph (b), clause (1), and the excess category, as defined in paragraph (b),
clause (2), plus
(ii) an
amount equal to one year's depreciation on the district's school bus fleet and
mobile units computed on a straight line basis at the rate of 15 percent per
year for districts operating a program under section 124D.128 for grades 1 to 12 for all students in the district
and 12-1/2 percent per year for other districts of the cost of the fleet, plus
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12295
(iii) an
amount equal to one year's depreciation on the district's type III vehicles, as
defined in section 169.011, subdivision 71, which must be used a majority of
the time for pupil transportation purposes, computed on a straight line basis
at the rate of 20 percent per year of the cost of the type three school buses
by:
(2) the
number of pupils eligible for transportation in the regular category, as
defined in paragraph (b), clause (1), and the excess category, as defined in
paragraph (b), clause (2).
(b)
"Transportation category" means a category of transportation service
provided to pupils as follows:
(1) Regular
transportation is:
(i)
transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school
they attend, and resident secondary pupils residing two miles or more from the
public or nonpublic school they attend, excluding desegregation transportation
and noon kindergarten transportation; but with respect to transportation of
pupils to and from nonpublic schools, only to the extent permitted by sections
123B.84 to 123B.87;
(ii)
transportation of resident pupils to and from language immersion programs;
(iii)
transportation of a pupil who is a custodial parent and that pupil's child
between the pupil's home and the child care provider and between the provider
and the school, if the home and provider are within the attendance area of the
school;
(iv)
transportation to and from or board and lodging in another district, of
resident pupils of a district without a secondary school; and
(v)
transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident
secondary pupils when the distance from the attendance area border to the
public school is two miles or more, excluding desegregation transportation and
noon kindergarten transportation.
For the
purposes of this paragraph, a district may designate a licensed day care
facility, school day care facility, respite care facility, the residence of a
relative, or the residence of a person chosen by the pupil's parent or guardian,
or an after school program for children operated by a political subdivision of
the state, as the home of a pupil for part or all of the day, if requested
by the pupil's parent or guardian, and if that facility or,
residence, or program is within the attendance area of the school the
pupil attends.
(2) Excess
transportation is:
(i)
transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the
public or nonpublic school they attend, and transportation to and from school
for resident pupils residing less than one mile from school who are transported
because of extraordinary traffic, drug, or crime hazards; and
(ii)
transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the
attendance area border to the school is at least one mile but less than two
miles from the public school they attend, and for nonresident pupils when the
distance from the attendance area border to the school is less than one mile
from the school and who are transported because of extraordinary traffic, drug,
or crime hazards.
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of Page 12296
(3)
Desegregation transportation is transportation within and outside of the
district during the regular school year of pupils to and from schools located
outside their normal attendance areas under a plan for desegregation mandated
by the commissioner or under court order.
(4)
"Transportation services for pupils with disabilities" is:
(i)
transportation of pupils with disabilities who cannot be transported on a
regular school bus between home or a respite care facility and school;
(ii)
necessary transportation of pupils with disabilities from home or from school
to other buildings, including centers such as developmental achievement
centers, hospitals, and treatment centers where special instruction or services
required by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65 are
provided, within or outside the district where services are provided;
(iii)
necessary transportation for resident pupils with disabilities required by
sections 125A.12, and 125A.26 to 125A.48;
(iv) board
and lodging for pupils with disabilities in a district maintaining special
classes;
(v)
transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and
necessary transportation required by sections 125A.18, and 125A.26 to 125A.48,
for resident pupils with disabilities who are provided special instruction and
services on a shared-time basis or if resident pupils are not transported, the
costs of necessary travel between public and private schools or neutral
instructional sites by essential personnel employed by the district's program
for children with a disability;
(vi) transportation
for resident pupils with disabilities to and from board and lodging facilities
when the pupil is boarded and lodged for educational purposes; and
(vii)
services described in clauses (i) to (vi), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to
the pupil's individual education plan or in conjunction with a learning year
program established under section 124D.128.
For purposes
of computing special education initial aid under section 125A.76, subdivision
2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary
nonshelter home in another district to the school of origin, or a formerly homeless
student from a permanent home in another district to the school of origin but
only through the end of the academic year; and (B) depreciation on
district-owned school buses purchased after July 1, 2005, and used primarily
for transportation of pupils with disabilities, calculated according to
paragraph (a), clauses (ii) and (iii).
Depreciation costs included in the disabled transportation category must
be excluded in calculating the actual expenditure per pupil transported in the
regular and excess transportation categories according to paragraph (a).
(5)
"Nonpublic nonregular transportation" is:
(i)
transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs,
excluding transportation for nonpublic pupils with disabilities under clause
(4);
(ii)
transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided
pupil support services pursuant to section 123B.44; and
(iii) late
transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.
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of Page 12297
(c)
"Mobile unit" means a vehicle or trailer designed to provide
facilities for educational programs and services, including diagnostic testing,
guidance and counseling services, and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123B.41, subdivision 13.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2009 Supplement, section
160.165, is amended to read:
160.165 MITIGATING TRANSPORTATION CONSTRUCTION IMPACTS
ON BUSINESS.
Subdivision
1. Definitions. For the purposes of this section, the
following terms have the meanings given:
(1)
"project" means construction work to maintain, construct,
reconstruct, or improve a street or highway or for a rail transit project;
(2)
"substantial business impacts" means impairment of road access,
parking, or visibility for one or more business establishments as a result of a
project, for a minimum period of one month; and
(3)
"transportation authority" means the commissioner, as to trunk
highways; the county board, as to county state-aid highways and county
highways; the town board, as to town roads; and statutory or home rule
charter cities, as to city streets; the Metropolitan Council, for rail
transit projects located entirely within the metropolitan area as defined in
section 473.121, subdivision 2; and the commissioner, for all other rail
transit projects.
Subd. 2. Business
liaison. (a) Before beginning
construction work on a project, a transportation authority shall identify
whether the project is anticipated to include substantial business
impacts. For such projects, the
transportation authority shall designate an individual to serve as business
liaison between the transportation authority and affected businesses.
(b) The
business liaison shall consult with affected businesses before and during
construction to investigate means of mitigating project impacts to
businesses. The mitigation considered
must include signage. The business
liaison shall provide information to the identified businesses before and
during construction, concerning project duration and timetables, lane and road
closures, detours, access impacts, customer parking impacts, visibility, noise,
dust, vibration, and public participation opportunities.
Subd. 3. Exception. This section does not apply to
construction work in connection with the Central Corridor light rail transit
line that will connect downtown Minneapolis and downtown St. Paul.
EFFECTIVE DATE. Subdivision
1 is effective July 1, 2012. Subdivision
3 is effective July 1, 2010.
Sec. 3. [160.2755]
PROHIBITED ACTIVITIES AT REST AREAS.
Subdivision
1. Prohibited activities. It
is unlawful at rest areas to:
(1) dispose
of travel-related trash and rubbish, except if depositing it in a designated
receptacle;
(2) dump
household or commercial trash and rubbish into containers or anywhere else on
site; or
(3) drain or
dump refuse or waste from any trailer, recreational vehicle, or other vehicle
except where receptacles are provided and designated to receive the refuse or
waste.
Subd. 2. Penalty. Violation of this section is a petty
misdemeanor.
EFFECTIVE DATE.
This section is effective August 1, 2010,
and applies to acts committed on or after that date.
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Day - Tuesday, May 11, 2010 - Top of Page 12298
Sec. 4. Minnesota Statutes 2009 Supplement, section
161.14, subdivision 62, is amended to read:
Subd. 62. Clearwater
County Veterans Memorial Highway. (a)
The following described route is designated the "Clearwater County
Veterans Memorial Highway": that
portion of Legislative Route No. 168, marked on August 1, 2009, as Trunk
Highway 200, from its intersection with Clearwater County State-Aid Highway 37
39 to its intersection with Legislative Route No. 169, marked on
August 1, 2009, as Trunk Highway 92; and that portion of Route No. 169 to
its intersection with Clearwater County State-Aid Highway 5.
(b) The commissioner shall
adopt a suitable marking design to mark this highway and erect appropriate
signs, subject to section 161.139.
Sec. 5. Minnesota Statutes 2008, section 161.14, is
amended by adding a subdivision to read:
Subd. 64. Veterans
Memorial Highway. Legislative
Route No. 31, signed as Trunk Highway 200 as of the effective date of this
section, from the border with North Dakota to the city of Mahnomen, is
designated as the "Veterans Memorial Highway." The commissioner shall
adopt a suitable design to mark this highway and erect appropriate signs,
subject to section 161.139.
Sec. 6. Minnesota Statutes 2008, section 161.14, is
amended by adding a subdivision to read:
Subd. 65. Becker
County Veterans Memorial Highway. Marked
Trunk Highway 34, from its intersection with Washington Avenue in Detroit Lakes
to its intersection with County State-Aid Highway 39; and marked Trunk Highway
87, from its intersection with County State-Aid Highway 33 to its intersection
with County State-Aid Highway 39, is named and designated the "Becker
County Veterans Memorial Highway." Subject to section 161.139, the
commissioner shall adopt a suitable marking design to mark this highway and
erect appropriate signs.
Sec. 7. Minnesota Statutes 2008, section 161.14, is
amended by adding a subdivision to read:
Subd. 66. Granite
City Crossing. The bridge
over the Mississippi River on marked Trunk Highway 23 in St. Cloud is
designated "Granite City Crossing." The commissioner of
transportation shall adopt a suitable design to mark this bridge and erect
appropriate signs, subject to section 161.139.
Sec. 8. Minnesota Statutes 2008, section 161.14, is
amended by adding a subdivision to read:
Subd. 67. Veterans
Memorial Highway. Marked
Trunk Highway 59 from the city of Karlstad to the border with Canada is
designated as the "Veterans Memorial Highway." The commissioner shall
adopt a suitable design to mark this highway and erect appropriate signs,
subject to section 161.139.
Sec. 9. Minnesota Statutes 2008, section 161.3426,
subdivision 3, is amended to read:
Subd. 3. Stipulated
fee. The commissioner shall award a stipulated
fee not less than two-tenths of one percent of the department's estimated cost
of design and construction to each short-listed, responsible proposer who
provides a responsive but unsuccessful proposal. When the request for proposals specifies a
maximum price, the stipend shall be awarded if the proposal is responsive in
all other aspects but comes in above the maximum price. If the commissioner does not award a
contract, all short-listed proposers must receive the stipulated fee. If the commissioner cancels the contract
before reviewing the technical proposals, the commissioner shall award each
design-builder on the short list a stipulated fee of not less than two-tenths
of one percent of the commissioner's estimated cost of design and construction. The commissioner shall pay the stipulated fee
to each proposer within 90 days after the award of the contract or the decision
not to award a contract. In
consideration for paying the stipulated fee, the commissioner may use any ideas
or information contained in the proposals in connection with any contract
awarded for the project or in connection with a subsequent procurement, without
any obligation to pay any
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Day - Tuesday, May 11, 2010 - Top of Page 12299
additional compensation to
the unsuccessful proposers.
Notwithstanding the other provisions of this subdivision, an
unsuccessful short-list proposer may elect to waive the stipulated fee. If an unsuccessful short-list proposer elects
to waive the stipulated fee, the commissioner may not use ideas and information
contained in that proposer's proposal.
Upon the request of the commissioner, a proposer who waived a stipulated
fee may withdraw the waiver, in which case the commissioner shall pay the
stipulated fee to the proposer and thereafter may use ideas and information in
the proposer's proposal.
Sec. 10. Minnesota Statutes 2008, section 161.3426, is
amended by adding a subdivision to read:
Subd. 6. Reissue
of request for proposals. If
the commissioner rejects all bids or does not execute the contract, the
commissioner may reissue the request for proposals and allow only short-listed
teams to resubmit proposals. The
commissioner shall then pay a reasonable stipulated fee to each short-listed,
responsible proposer who provides a responsive but unsuccessful proposal in
response to the reissued request for proposals.
When the reissued request for proposals specifies a maximum price, the stipend
shall be awarded if the proposal is responsive in all other aspects but comes
in above the maximum price.
Sec. 11. Minnesota Statutes 2008, section 162.02,
subdivision 3a, is amended to read:
Subd. 3a. Variances
from rules and engineering standards. (a)
The commissioner may grant variances from the rules and from the
engineering standards developed pursuant to section 162.021 or 162.07,
subdivision 2. A political subdivision
in which a county state-aid highway is located or is proposed to be located may
submit a written request to the commissioner for a variance for that
highway. The commissioner shall
comply with section 174.75, subdivision 5, in evaluating a variance request
related to a complete streets project.
(b) The commissioner shall publish
notice of the request in the State Register and give notice to all persons
known to the commissioner to have an interest in the matter. The commissioner may grant or deny the
variance within 30 days of providing notice of the request. If a written objection to the request is
received within seven days of providing notice, the variance shall be granted
or denied only after a contested case hearing has been held on the
request. If no timely objection is
received and the variance is denied without hearing, the political subdivision
may request, within 30 days of receiving notice of denial, and shall be granted
a contested case hearing.
(c) For purposes of this
subdivision, "political subdivision" includes (1) an agency of a
political subdivision which has jurisdiction over parks, and (2) a regional
park authority.
Sec. 12. Minnesota Statutes 2008, section 162.09,
subdivision 3a, is amended to read:
Subd. 3a. Variances
from rules and engineering standards. (a)
The commissioner may grant variances from the rules and from the engineering
standards developed pursuant to section 162.13, subdivision 2. A political subdivision in which a municipal
state-aid street is located or is proposed to be located may submit a written
request to the commissioner for a variance for that street. The commissioner shall comply with section
174.75, subdivision 5, in evaluating a variance request related to a complete
streets project.
(b) The commissioner shall
publish notice of the request in the State Register and give notice to all
persons known to the commissioner to have an interest in the matter. The commissioner may grant or deny the
variance within 30 days of providing notice of the request. If a written objection to the request is
received within seven days of providing notice, the variance shall be granted
or denied only after a contested case hearing has been held on the
request. If no timely objection is
received and the variance is denied without hearing, the political subdivision
may request, within 30 days of receiving notice of denial, and shall be granted
a contested case hearing.
(c) For purposes of this
subdivision, "political subdivision" includes (1) an agency of a
political subdivision which has jurisdiction over parks, and (2) a regional
park authority.
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Top of Page 12300
Sec. 13. Minnesota Statutes 2008, section 165.14,
subdivision 4, is amended to read:
Subd. 4. Prioritization
of bridge projects. (a) The
commissioner shall classify all bridges in the program into tier 1, 2, or 3
bridges, where tier 1 is the highest tier.
Unless the commissioner identifies a reason for proceeding otherwise,
before commencing bridge projects in a lower tier, all bridge projects within a
higher tier must to the extent feasible be selected and funded in the approved
state transportation improvement program, at any stage in the project
development process, solicited for bids, in contract negotiation, under
construction, or completed.
(b) The
classification of each tier is as follows:
(1) tier 1
consists of any bridge in the program that (i) has an average daily traffic
count that is above 1,000 and has a sufficiency rating that is at or below 50,
or (ii) is identified by the commissioner as a priority project;
(2) tier 2
consists of any bridge that is not a tier 1 bridge, and (i) is classified as
fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and
(3) tier 3
consists of any other bridge in the program that is not a tier 1 or tier 2
bridge.
(c) By June
30, 2018, all tier 1 and tier 2 bridges originally included in the program must
be under contract for repair or replacement with a new bridge that contains a
load-path-redundant design, except that a specific bridge may remain in
continued service if the reasons are documented in the report required under
subdivision 5.
(d) All
bridge projects funded under this section in fiscal year 2012 or later must
include bicycle and pedestrian accommodations if both sides of the bridge are
located in a city or the bridge links a pedestrian way, shared-use path, trail,
or scenic bikeway.
Bicycle and
pedestrian accommodations would not be required if:
(1) a
comprehensive assessment demonstrates that there is an absence of need for
bicycle and pedestrian accommodations for the life of the bridge; or
(2) there
is a reasonable alternative bicycle and pedestrian crossing within one-quarter mile
of the bridge project.
All bicycle
and pedestrian accommodations should enable a connection to any existing
bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian facilities must meet or exceed
federal accessibility requirements as outlined in Title II of the Americans
with Disabilities Act, codified in United States Code, title 42, chapter 126,
subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in
United States Code, title 29, section 794.
(e) The
commissioner shall establish criteria for determining the priority of bridge
projects within each tier, and must include safety considerations as a
criterion.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 14. Minnesota Statutes 2008, section 165.14,
subdivision 5, is amended to read:
Subd. 5. Statewide
transportation planning report. In
conjunction with each update to the Minnesota statewide transportation plan, or
at least every six years, the commissioner shall submit a report to the chairs
and ranking minority members of the house of representatives and senate
committees with jurisdiction over transportation finance. The report must include:
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12301
(1) an
explanation of the criteria and decision-making processes used to prioritize
bridge projects;
(2) a
historical and projected analysis of the extent to which all trunk highway bridges
meet bridge performance targets and comply with the accessibility
requirements of Title II of the Americans with Disabilities Act of 1990, Public
Law 101-336;
(3) a
summary of bridge projects (i) completed in the previous six years or since the
last update to the Minnesota statewide transportation plan, and (ii) currently
in progress under the program;
(4) a
summary of bridge projects scheduled in the next four fiscal years and included
in the state transportation improvement program;
(5) a projection
of annual needs over the next 20 years;
(6) a
calculation of funding necessary to meet the completion date under
subdivision 4, paragraph (c), compared to the total amount of bridge-related
funding available; and
(7) for any
tier 1 fracture-critical bridge that is repaired but not replaced, an
explanation of the reasons for repair instead of replacement.
Sec. 15. Minnesota Statutes 2008, section 168.002, is
amended by adding a subdivision to read:
Subd. 31a. Special
plates. Unless otherwise
specified, "special plates" or "special plate" means
plates, or a single motorcycle plate, that are designed with wording or
graphics that differ from a regular Minnesota passenger automobile plate or
motorcycle plate.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2009 Supplement, section
168.012, subdivision 1, is amended to read:
Subdivision
1. Vehicles
exempt from tax, fees, or plate display.
(a) The following vehicles are exempt from the provisions of this
chapter requiring payment of tax and registration fees, except as provided in
subdivision 1c:
(1) vehicles
owned and used solely in the transaction of official business by the federal
government, the state, or any political subdivision;
(2) vehicles
owned and used exclusively by educational institutions and used solely in the
transportation of pupils to and from those institutions;
(3) vehicles
used solely in driver education programs at nonpublic high schools;
(4) vehicles
owned by nonprofit charities and used exclusively to transport disabled persons
for charitable, religious, or educational purposes;
(5) vehicles
owned by nonprofit charities and used exclusively for disaster response and
related activities;
(6) vehicles
owned by ambulance services licensed under section 144E.10 that are equipped
and specifically intended for emergency response or providing ambulance
services; and
(7) vehicles
owned by a commercial driving school licensed under section 171.34, or an employee
of a commercial driving school licensed under section 171.34, and the vehicle
is used exclusively for driver education and training.
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(b) Provided the general
appearance of the vehicle is unmistakable, the following vehicles are not
required to register or display number plates:
(1) vehicles owned by the
federal government, municipal;
(2) fire apparatuses,
including fire-suppression support vehicles, owned or leased by the state or
a political subdivision;
(3) police patrols,
owned or leased by the state or a political subdivision; and
(4) ambulances, the general
appearance of which is unmistakable, are not required to register or display
number plates owned or leased by the state or a political subdivision.
(c) Unmarked vehicles used
in general police work, liquor investigations, or arson investigations, and
passenger automobiles, pickup trucks, and buses owned or operated by the
Department of Corrections, must be registered and must display appropriate
license number plates, furnished by the registrar at cost. Original and renewal applications for these
license plates authorized for use in general police work and for use by the
Department of Corrections must be accompanied by a certification signed by the
appropriate chief of police if issued to a police vehicle, the appropriate
sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
issued to a Department of Corrections vehicle, or the appropriate officer in
charge if issued to a vehicle of any other law enforcement agency. The certification must be on a form
prescribed by the commissioner and state that the vehicle will be used
exclusively for a purpose authorized by this section.
(d) Unmarked vehicles used
by the Departments of Revenue and Labor and Industry, fraud unit, in conducting
seizures or criminal investigations must be registered and must display
passenger vehicle classification license number plates, furnished at cost by
the registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the commissioner of revenue or the commissioner of
labor and industry. The certification
must be on a form prescribed by the commissioner and state that the vehicles
will be used exclusively for the purposes authorized by this section.
(e) Unmarked vehicles used
by the Division of Disease Prevention and Control of the Department of Health
must be registered and must display passenger vehicle classification license
number plates. These plates must be
furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of
health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the Division of Disease Prevention and
Control.
(f) Unmarked vehicles used
by staff of the Gambling Control Board in gambling investigations and reviews
must be registered and must display passenger vehicle classification license
number plates. These plates must be
furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license
plates must be accompanied by a certification signed by the board chair. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the Gambling Control Board.
(g) Unmarked vehicles used
in general investigation, surveillance, supervision, and monitoring by the
staff of the Department of Human Services Office of Special Investigations and
the executive director of the Minnesota sex offender program must be registered
and must display passenger vehicle classification license number plates,
furnished by the registrar at cost.
Original and renewal applications for passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of human
services. The certification must be on a
form prescribed by the commissioner and state that the vehicles must be used
exclusively for the official duties of the Office of Special Investigations and
the executive director of the Minnesota sex offender program.
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(h) Each state hospital and
institution for persons who are mentally ill and developmentally disabled may
have one vehicle without the required identification on the sides of the
vehicle. The vehicle must be registered
and must display passenger vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the hospital administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.
(i) Each county social
service agency may have vehicles used for child and vulnerable adult protective
services without the required identification on the sides of the vehicle. The vehicles must be registered and must
display passenger vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the social service agency.
(j) All other motor vehicles
must be registered and display tax-exempt number plates, furnished by the
registrar at cost, except as provided in subdivision 1c. All vehicles required to display tax-exempt
number plates must have the name of the state department or political
subdivision, nonpublic high school operating a driver education program,
licensed commercial driving school, or other qualifying organization or entity,
plainly displayed on both sides of the vehicle.
This identification must be in a color giving contrast with that of the
part of the vehicle on which it is placed and must endure throughout the term
of the registration. The identification
must not be on a removable plate or placard and must be kept clean and visible
at all times; except that a removable plate or placard may be utilized on
vehicles leased or loaned to a political subdivision or to a nonpublic high
school driver education program.
Sec. 17. Minnesota Statutes 2008, section 168.12,
subdivision 2a, is amended to read:
Subd. 2a. Personalized
plates; rules. (a) The commissioner
may issue personalized plates or, if requested for special plates issued under
section 168.123 for veterans, 168.124 for medal of honor recipients, or 168.125
for former prisoners of war, applicable personalized special veterans plates,
to an applicant who:
(1) is an owner of a
passenger automobile including a passenger automobile registered as a classic
car, pioneer car, collector car, or street rod; any truck with a manufacturer's
nominal rated capacity of one ton or less and resembling a pickup truck; a
motorcycle, including a classic motorcycle; a motorized bicycle; a commuter van
as defined in section 168.126; or a recreational vehicle;
(2) pays a onetime fee of
$100 and any other fees required by this chapter;
(3) pays the registration
tax required by this chapter for the motor vehicle; and
(4) complies with this
chapter and rules governing registration of motor vehicles and licensing of
drivers.
(b) The commissioner shall
charge a replacement fee for personalized license plates and personalized
special veterans plates issued under section 168.123 as specified in
subdivision 5. This fee must be paid by
the applicant whenever the personalized plates are required to be replaced by
law, except that as provided in section 168.124, subdivision 3, and 168.125,
subdivision 1b, no fee may be charged to replace plates issued under those sections.
(c) In lieu of the
registration number assigned as provided in subdivision 1, personalized plates
and personalized special veterans plates must have imprinted on them a series
of not more than seven numbers and letters, or five numbers and letters for
personalized special veterans plates, in any combination and, as applicable,
satisfy the design requirements of section 168.123, 168.124, or 168.125. When an applicant has once obtained
personalized plates or
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personalized special
veterans plates, the applicant shall have a prior claim for similar personalized
plates or personalized special veterans plates in the next succeeding year as
long as current motor vehicle registration is maintained.
(d) The commissioner shall
adopt rules in the manner provided by chapter 14, regulating the issuance and transfer
of personalized plates and personalized special veterans plates. No words or combination of letters placed on
these plates may be used for commercial advertising, be of an obscene,
indecent, or immoral nature, or be of a nature that would offend public morals
or decency. The call signals or letters
of a radio or television station are not commercial advertising for the
purposes of this subdivision.
(e) Despite the provisions
of subdivision 1, personalized plates and personalized special veterans plates
issued under this subdivision may be transferred to another motor vehicle
listed in paragraph (a) and owned by the applicant, upon the payment of a fee
of $5.
(f) The commissioner may by
rule specify the format for notification.
(g) A personalized plate or
personalized special veterans plate issued for a classic car, pioneer car,
collector car, street rod, or classic motorcycle may not be transferred to a
vehicle not eligible for such a plate.
(h) Despite any law to the
contrary, if the personalized license plates are lost, stolen, or destroyed,
the applicant may apply and must be issued duplicate license plates bearing the
same combination of letters and numbers and the same design as (1) the former
personalized plates or personalized special veterans plates under section
168.123 upon the payment of the fee required by section 168.29 or (2) the
former personalized special veterans plates issued under section 168.124 or
168.125, without charge.
(i) A personalized vertical
motorcycle plate may be issued upon payment of an additional payment of
$100. The vertical plate must have not
more than four identification characters, cannot be a duplication of any
current or reserved license plate, and must meet the requirements in paragraph
(d).
Sec. 18. Minnesota Statutes 2009 Supplement, section
168.12, subdivision 5, is amended to read:
Subd. 5. Additional
fee. (a) In addition to any fee
otherwise authorized or any tax otherwise imposed upon any vehicle, the payment
of which is required as a condition to the issuance of any plate or plates, the
commissioner shall impose the fee specified in paragraph (b) that is calculated
to cover the cost of manufacturing and issuing the plate or plates, except for
plates issued to disabled veterans as defined in section 168.031 and plates
issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16 and 17,
for passenger automobiles. The
commissioner shall issue graphic design plates only for vehicles registered
pursuant to section 168.017 and recreational vehicles registered pursuant to
section 168.013, subdivision 1g.
(b) Unless otherwise
specified or exempted by statute, the following plate and validation sticker
fees apply for the original, duplicate, or replacement issuance of a plate in a
plate year:
License Plate Single Double
Regular and Disability $4.50 $6.00
Special $8.50 $10.00
Personalized (Replacement) $10.00 $14.00
Collector Category $13.50 $15.00
Emergency Vehicle Display $3.00 $6.00
Utility Trailer Self-Adhesive $2.50
Vertical Motorcycle Plate $100.00 NA
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of Page 12305
Stickers
Duplicate
year $1.00 $1.00
International
Fuel Tax Agreement $2.50
(c) For
vehicles that require two of the categories above, the registrar shall only
charge the higher of the two fees and not a combined total.
Sec. 19. Minnesota Statutes 2008, section 168.123,
subdivision 1, is amended to read:
Subdivision
1. General
requirements; fees. (a) On payment
of a fee of $10 for each set of two plates, or for a single plate in the case
of a motorcycle plate, payment of the registration tax required by law, and
compliance with other applicable laws relating to vehicle registration and
licensing, as applicable, the commissioner shall issue:
(1) special
veteran's plates to an applicant who served in the active military service in a
branch of the armed forces of the United States or of a nation or society allied
with the United States in conducting a foreign war, was discharged under
honorable conditions, and is a registered owner of a passenger automobile,
recreational motor vehicle, or truck resembling a pickup truck and having a
manufacturer's nominal rated capacity of one ton, but which is not a commercial
motor vehicle as defined in section 169.011, subdivision 16; or
(2) a
veteran's special motorcycle plate as described in subdivision 2, paragraph
(a), (f), (h), or (i), or (j), or another special plate designed
by the commissioner to an applicant who is a registered owner of a motorcycle
and meets the criteria listed in this paragraph and in subdivision 2, paragraph
(a), (f), (h), or (i), or (j).
Plates issued under this clause must be the same size as regular
motorcycle plates. Special motorcycle
license plates issued under this clause are not subject to section 168.1293.
(b) The
additional fee of $10 is payable for each set of veteran's plates, is payable
only when the plates are issued, and is not payable in a year in which stickers
are issued instead of plates.
(c) The
veteran must have a certified copy of the veteran's discharge papers,
indicating character of discharge, at the time of application. If an applicant served in the active military
service in a branch of the armed forces of a nation or society allied with the
United States in conducting a foreign war and is unable to obtain a record of
that service and discharge status, the commissioner of veterans affairs may certify
the applicant as qualified for the veterans' plates provided under this
section.
(d) For
license plates issued for one-ton trucks described in paragraph (a), clause
(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected
under paragraph (a). The surcharge must
be deposited in the vehicle services operating account in the special revenue
fund.
Sec. 20. Minnesota Statutes 2008, section 168.123,
subdivision 2, is amended to read:
Subd. 2. Design. The commissioner of veterans affairs
shall design the emblem for the veterans' special plates, subject to the
approval of the commissioner, that satisfy the following requirements:
(a) For a
Vietnam veteran who served after July 1, 1961, and before July 1, 1978, in the
active military service in a branch of the armed forces of the United States or
a nation or society allied with the United States the special plates must bear
the inscription "VIETNAM VET" and the letters "V" and
"V" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(b) For a
veteran stationed on the island of Oahu, Hawaii, or offshore, during the attack
on Pearl Harbor on December 7, 1941, the special plates must bear the
inscription "PEARL HARBOR SURVIVOR" and the letters "P" and
"H" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
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(c) For a
veteran who served during World War I or World War II, the plates must bear the
inscription "WORLD WAR VET" and:
(1) for a
World War I veteran, the characters "W" and "I" with the
first character directly above the second character and both characters just
preceding the first numeral of the special plate number; or
(2) for a
World War II veteran, the characters "W" and "II" with the
first character directly above the second character and both characters just
preceding the first numeral of the special plate number.
(d) For a
veteran who served during the Korean Conflict, the special plates must bear the
inscription "KOREAN VET" and the letters "K" and
"V" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(e) For a
combat wounded veteran who is a recipient of the purple heart medal, the plates
must bear the inscription "COMBAT WOUNDED VET" and have a facsimile
on an emblem of the official purple heart medal and the letters "C"
over "W" with the first letter directly over the second letter just
preceding the first numeral of the special plate number.
(f) For a
Persian Gulf War veteran, the plates must bear the inscription "GULF WAR
VET" and the letters "G" and "W" with the first letter
directly above the second letter and both letters just preceding the first
numeral of the special plate number. For
the purposes of this section, "Persian Gulf War veteran" means a
person who served on active duty after August 1, 1990, in a branch of the armed
forces of the United States or a nation or society allied with the United
States or the United Nations during Operation Desert Shield, Operation Desert
Storm, or other military operation in the Persian Gulf area combat zone as
designated in United States Presidential Executive Order No. 12744, dated
January 21, 1991.
(g) For a
veteran who served in the Laos War after July 1, 1961, and before July 1, 1978,
the special plates must bear the inscription "LAOS WAR VET" and the
letters "L" and "V" with the first letter directly above
the second letter and both letters just preceding the first numeral of the
special plate number.
(h) For a
veteran who is the recipient of:
(1) the
Iraq Campaign Medal, the special plates must be inscribed with a facsimile of
that medal and must bear the inscription "IRAQ WAR VET" directly
below the special plate number;
(2) the
Afghanistan Campaign Medal, the special plates must be inscribed with a
facsimile of that medal and must bear the inscription "AFGHAN WAR
VET" directly below the special plate number; or
(3) the
Global War on Terrorism Expeditionary Medal, the special plates must be
inscribed with a facsimile of that medal and must bear the inscription
"GWOT VETERAN" directly below the special plate number; or
(4) the
Armed Forces Expeditionary Medal, the special plates must bear an appropriate
inscription that includes a facsimile of that medal.
(i) For a
veteran who is the recipient of the Global War on Terrorism Service Medal, the
special plates must be inscribed with a facsimile of that medal and must bear
the inscription "GWOT VETERAN" directly below the special plate
number. In addition, any member of the
National Guard or other military reserves who has been ordered to federally
funded state active service under United States Code, title 32, as defined in
section 190.05, subdivision 5b, and who is the recipient of the Global War on
Terrorism Service Medal, is eligible for the license plate described in this
paragraph, irrespective of whether that person qualifies as a veteran under
section 197.447.
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(j) For a
veteran who is the recipient of the Korean Defense Service Medal, the special
plates must be inscribed with a facsimile of that medal and must bear the
inscription "KOREAN DEFENSE SERVICE" directly below the special plate
number.
(k) For a
veteran who is a recipient of the Bronze Star medal, the plates must bear the
inscription "BRONZE STAR VET" and have a facsimile or an emblem of
the official Bronze Star medal.
(l) For a
veteran who is a recipient of the Silver Star medal, the plates must bear the
inscription "SILVER STAR VET" and have a facsimile or an emblem of
the official Silver Star medal.
Sec. 21. Minnesota Statutes 2008, section 168.123, is
amended by adding a subdivision to read:
Subd. 2b. Eligibility;
combat wounded plate. A
member of the United States armed forces who is serving actively in the
military and who is a recipient of the purple heart medal is also eligible for
the license plate under subdivision 2, paragraph (e). The commissioner of public safety shall
ensure that information regarding the required proof of eligibility for any
applicant under this subdivision who has not yet been issued military discharge
papers is distributed to the public officials responsible for administering this
section.
EFFECTIVE DATE. This
section is effective August 1, 2010.
Sec. 22. Minnesota Statutes 2008, section 168.1255,
subdivision 1, is amended to read:
Subdivision
1. General
requirements and procedures. The
commissioner shall issue special veteran contribution plates or a single
motorcycle plate to an applicant who:
(1) is a
veteran, as defined in section 197.447;
(2) is a
registered owner of a passenger automobile, recreational vehicle, one-ton
pickup truck, or motorcycle;
(3) pays a fee
of $10 to cover the costs of handling and manufacturing the plates;
(4) pays
the registration tax required under section 168.013;
(5) pays
the fees required under this chapter;
(6) pays an
additional onetime World War II memorial contribution of $30, which the
department shall retain until all start-up costs associated with the
development and issuing of the plates have been recovered, after which the
commissioner shall deposit contributions in the World War II donation match
account; and
(7)
complies with this chapter and rules governing the registration of motor
vehicles and licensing of drivers.
EFFECTIVE DATE. This
section is effective August 1, 2010.
Sec. 23. Minnesota Statutes 2008, section 168.1293, is
amended to read:
168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION,
DISCONTINUANCE.
Subdivision
1. Definition. For purposes of this section and
section 168.1297, the following terms have the meanings given them:
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(1) "new
special plate" or "proposed special plate" means a
special plate authorized by sections 168.12, subdivisions 2b and 2e;
168.1235; and 168.129, to have wording and graphics that differ from a
Minnesota passenger vehicle plate. that
is not authorized under this chapter and for which legislation authorizing the
plate, including but not limited to a bill or amendment, is introduced or
presented to the legislature; and
(2)
"proximate special plate" means a special plate (i) authorized under
section 168.12, subdivisions 2b and 2e; 168.1235; or 168.129; or (ii)
authorized in law on or after August 1, 2010.
Subd. 1a. Establishment
of plate. The commissioner
may only establish a special plate as authorized under this chapter. This requirement does not apply to
alternative or additional designs for a special plate.
Subd. 2.
Submissions
to commissioner. (a) A person, legal
entity, or other requester, however organized, that plans to seek legislation
establishing a new special plate, or is a proponent of a new special
plate, shall submit the following information and fee to the commissioner:
(1) The
requester shall submit a request for the special plate being sought, describing
the proposed special plate in general terms, the purpose of the
plate, and the proposed fee or minimum contribution required for the plate.
(2) The requester
shall submit the results of a scientific sample survey of Minnesota motor
vehicle owners that indicates that at least 10,000 motor vehicle owners intend
to purchase the proposed plate with the proposed fee or minimum contribution. The requester's plan to undertake the survey
must be reported to the commissioner before the survey is undertaken. The survey must be performed independently of
the requester by another person or legal entity, however organized, that
conducts similar sample surveys in the normal course of business.
(3) The
requester shall submit an application fee of $20,000, to cover the cost of
reviewing the application for a new plate and developing the new special plate
if authorized by law. State funds may
not be used to pay the application fee. This
requirement does not apply if legislation or a bill introduced to the
legislature proposing the new special plate contains a mechanism by which all
costs incurred by the commissioner for development and implementation of the
plate are covered, provided that the application fee subsequently does apply if
such a mechanism is not enacted in the law authorizing the new special plate.
(4) The
requester shall submit a marketing strategy that contains (i) short-term and
long-term marketing plans for the requested plate, and (ii) a financial
analysis showing the anticipated revenues and the planned expenditures of any
fee or contribution derived from the requested plate.
(b) The
requester shall submit the information required under paragraph (a) to the
commissioner at least 120 days before the convening of the next regular
legislative session at which the requester will submit the proposal.
Subd. 2a. Information
for legislature. (a) Within
15 days of the introduction of a bill proposing a new special plate, the
commissioner shall submit a briefing to the chairs and ranking minority members
of the house of representatives and senate committees to which the bill was
referred. At a minimum, the briefing must:
(1)
summarize the requirements for a special plate under this section; and
(2)
identify which of the requirements have been met for the proposed special
plate.
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(b) If a
proposed special plate is a topic of discussion at a legislative committee
hearing, the commissioner shall make every reasonable effort to provide
testimony. The testimony must include
the information required in the briefing under paragraph (a).
(c)
Notwithstanding section 3.195, the commissioner may submit the briefing under
paragraph (a) by submitting an electronic version rather than a printed
version.
Subd. 3. Design;
redesign. (a) If the proposed new
special plate sought by the requester is approved by law, the requester shall
submit the proposed design for the plate to the commissioner as soon as
practicable, but not later than 120 days after the effective date of the law
authorizing issuance of the plate. The
commissioner is responsible for selecting the final design for the special
plate.
(b) The
requester that originally requested a new special plate subsequently
approved by law may not submit a new design for the plate within the five years
following the date of first issuance of the plate unless the inventory of those
plates has been exhausted. The requester
may deplete the remaining inventory of the plates by reimbursing the
commissioner for the cost of the plates.
Subd. 4. Refund
of fee. If the special plate
requested is not authorized in the legislative session at which authorization
was sought, the commissioner shall, if applicable, refund $17,500 of the
application fee to the requester.
Subd. 5. Discontinuance
of plate. (a) The commissioner shall
discontinue the issuance or renewal of any proximate special plate authorized
by sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, if (1)
fewer than 1,000 sets of those plates are currently registered at the end of
the first six years during which the plates are available, or (2) fewer than
1,000 sets of those plates are currently registered at the end of any
subsequent two-year period following the first six years of availability.
(b) The
commissioner shall discontinue the issuance or renewal of any proximate
special plate authorized by sections 168.12, subdivisions 2b and 2e;
168.1235; and 168.129, and distribution of any contributions resulting from
that plate, if the commissioner determines that (1) the fund or requester
receiving the contributions no longer exists, (2) the requester has stopped
providing services that are authorized to be funded from the contribution
proceeds, (3) the requester has requested discontinuance, or (4)
contributions have been used in violation of subdivision 6.
(c) Nothing
in this subdivision applies to plates issued under section 168.123, 168.124,
168.125, 168.1251, or 168.1255.
(d) Upon
commencing discontinuance of a proximate special plate under this subdivision,
the commissioner (1) shall not issue the plate, including as a duplicate;
and (2) shall allow retention of any existing plate for the regular
period. For purposes of this paragraph,
"regular period" may be, as appropriate, the period specified under
section 168.12, subdivision 1; the time until issuance of a duplicate plate for
that vehicle; or as otherwise provided by law.
Subd. 6. Use of
contributions. Contributions made as
a condition of obtaining a proximate special plate authorized by
sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, and
interest earned on the contributions, may not be spent for commercial or
for-profit purposes.
Subd. 7. Deposit
of fee; appropriation. The
commissioner shall deposit the application fee under subdivision 2, paragraph
(a), clause (3), in the vehicle services operating account of the special
revenue fund under section 299A.705. An
amount sufficient to pay the department's cost in implementing and
administering this section, including payment of refunds under subdivision 4,
is appropriated to the commissioner.
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Sec. 24. Minnesota Statutes 2008, section 168.33, subdivision
2, is amended to read:
Subd. 2. Deputy
registrars. (a) The commissioner may
appoint, and for cause discontinue, a deputy registrar for any statutory or
home rule charter city as the public interest and convenience may require, without
regard to whether the county auditor of the county in which the city is
situated has been appointed as the deputy registrar for the county or has been
discontinued as the deputy registrar for the county, and without regard to
whether the county in which the city is situated has established a county
license bureau that issues motor vehicle licenses as provided in section
373.32.
(b) The
commissioner may appoint, and for cause discontinue, a deputy registrar for any
statutory or home rule charter city as the public interest and convenience may
require, if the auditor for the county in which the city is situated chooses
not to accept appointment as the deputy registrar for the county or is
discontinued as a deputy registrar, or if the county in which the city is
situated has not established a county license bureau that issues motor vehicle
licenses as provided in section 373.32.
The individual appointed by the commissioner as a deputy registrar for
any statutory or home rule charter city must be a resident of the county in
which the city is situated.
(c) The
commissioner may appoint, and for cause discontinue, the county auditor of each
county as a deputy registrar.
(d) Despite
any other provision, a person other than a county auditor or a director of a
county license bureau, who was appointed by the registrar before August 1,
1976, as a deputy registrar for any statutory or home rule charter city, may
continue to serve as deputy registrar and may be discontinued for cause only by
the commissioner. The county auditor who
appointed the deputy registrars is responsible for the acts of deputy
registrars appointed by the auditor.
(e) Each
deputy, before entering upon the discharge of duties, shall take and subscribe
an oath to faithfully discharge the duties and to uphold the laws of the state.
(f) If a
deputy registrar appointed under this subdivision is not an officer or employee
of a county or statutory or home rule charter city, the deputy shall in
addition give bond to the state in the sum of $10,000, or a larger sum as may
be required by the commissioner, conditioned upon the faithful discharge of
duties as deputy registrar.
(g) Until
January 1, 2012, A corporation governed by chapter 302A or 317A may
be appointed a deputy registrar. Upon
application by an individual serving as a deputy registrar and the giving of
the requisite bond as provided in this subdivision, personally assured by the
individual or another individual approved by the commissioner, a corporation
named in an application then becomes the duly appointed and qualified successor
to the deputy registrar. The
appointment of any corporation as a deputy registrar expires January 1,
2012. The commissioner shall appoint an
individual as successor to the corporation as a deputy registrar. The commissioner shall appoint as the
successor agent to a corporation whose appointment expires under this paragraph
an officer of the corporation if the officer applies for appointment before
July 1, 2012.
(h) Each
deputy registrar appointed under this subdivision shall keep and maintain
office locations approved by the commissioner for the registration of vehicles
and the collection of taxes and fees on vehicles.
(i) The
deputy registrar shall keep records and make reports to the commissioner as the
commissioner requires. The records must
be maintained at the offices of the deputy registrar. The records and offices of the deputy
registrar must at all times be open to the inspection of the commissioner or
the commissioner's agents. The deputy
registrar shall report to the commissioner by the next working day following
receipt all registrations made and taxes and fees collected by the deputy
registrar.
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(j) The
filing fee imposed under subdivision 7 must be deposited in the treasury of the
place for which appointed or, if not a public official, a deputy shall retain
the filing fee, but the registration tax and any additional fees for delayed
registration the deputy registrar has collected the deputy registrar shall
deposit by the next working day following receipt in an approved state
depository to the credit of the state through the commissioner of management
and budget. The place for which the
deputy registrar is appointed through its governing body must provide the
deputy registrar with facilities and personnel to carry out the duties imposed
by this subdivision if the deputy is a public official. In all other cases, the deputy shall maintain
a suitable facility for serving the public.
Sec. 25. Minnesota Statutes 2008, section 168B.06,
subdivision 1, is amended to read:
Subdivision
1. Written
notice of impound. (a) When an impounded
vehicle is taken into custody, the unit of government or impound lot operator
taking it into custody shall give written notice of the taking within five days
to the registered vehicle owner and any lienholders.
(b) The
notice must:
(1) set
forth the date and place of the taking;
(2) provide
the year, make, model, and serial number of the impounded motor vehicle, if
such information can be reasonably obtained, and the place where the vehicle is
being held;
(3) inform
the owner and any lienholders of their right to reclaim the vehicle under
section 168B.07;
(4) state
that failure of the owner or lienholders to:
(i)
exercise their right to reclaim the vehicle within the appropriate time allowed
under section 168B.051, subdivision 1, 1a, or 2, and under the conditions set
forth in section 168B.07, subdivision 1, constitutes a waiver by them of all
right, title, and interest in the vehicle and a consent to the transfer of
title to and disposal or sale of the vehicle pursuant to section 168B.08; or
(ii)
exercise their right to reclaim the contents of the vehicle within the
appropriate time allowed and under the conditions set forth in section 168B.07,
subdivision 3, constitutes a waiver by them of all right, title, and interest
in the contents and consent to sell or dispose of the contents under section
168B.08; and
(5) state
that a vehicle owner who provides to the impound lot operator documentation
from a government or nonprofit agency or legal aid office that the owner is
homeless, receives relief based on need, or is eligible for legal aid
services, or has a household income at or below 50 percent of state median
income has the unencumbered right to retrieve any and all contents without
charge.
Sec. 26. Minnesota Statutes 2008, section 168B.07,
subdivision 3, is amended to read:
Subd. 3. Retrieval
of contents. (a) For purposes of
this subdivision:
(1)
"contents" does not include any permanently affixed mechanical or
nonmechanical automobile parts; automobile body parts; or automobile accessories,
including audio or video players; and
(2)
"relief based on need" includes, but is not limited to, receipt of
MFIP and Diversionary Work Program, medical assistance, general assistance, general
assistance medical care, emergency general assistance, Minnesota supplemental
aid, MSA-emergency assistance, MinnesotaCare, Supplemental Security Income,
energy assistance, emergency assistance, food stamps, earned income tax credit,
or Minnesota working family tax credit.
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(b) A unit
of government or impound lot operator shall establish reasonable procedures for
retrieval of vehicle contents, and may establish reasonable procedures to
protect the safety and security of the impound lot and its personnel.
(c) At any
time before the expiration of the waiting periods provided in section 168B.051,
a registered owner who provides documentation from a government or nonprofit
agency or legal aid office that the registered owner is homeless, receives
relief based on need, or is eligible for legal aid services, or has a
household income at or below 50 percent of state median income has the
unencumbered right to retrieve any and all contents without charge and
regardless of whether the registered owner pays incurred charges or fees,
transfers title, or reclaims the vehicle.
Sec. 27. Minnesota Statutes 2008, section 169.041,
subdivision 5, is amended to read:
Subd. 5. Towing
prohibited. Unless the vehicle is
described in subdivision 4, (a) A towing authority may not tow a
motor vehicle because:
(1) the
vehicle has expired registration tabs that have been expired for less than 90
days; or
(2) the
vehicle is at a parking meter on which the time has expired and the vehicle has
fewer than five unpaid parking tickets.
(b) A towing
authority may tow a motor vehicle, notwithstanding paragraph (a), if:
(1) the
vehicle is parked in violation of snow emergency regulations;
(2) the
vehicle is parked in a rush-hour restricted parking area;
(3) the
vehicle is blocking a driveway, alley, or fire hydrant;
(4) the vehicle
is parked in a bus lane, or at a bus stop, during hours when parking is
prohibited;
(5) the
vehicle is parked within 30 feet of a stop sign and visually blocking the stop
sign;
(6) the
vehicle is parked in a disability transfer zone or disability parking space
without a disability parking certificate or disability license plates;
(7) the
vehicle is parked in an area that has been posted for temporary restricted
parking (A) at least 12 hours in advance in a home rule charter or statutory
city having a population under 50,000, or (B) at least 24 hours in advance in
another political subdivision;
(8) the
vehicle is parked within the right-of-way of a controlled-access highway or
within the traveled portion of a public street when travel is allowed there;
(9) the
vehicle is unlawfully parked in a zone that is restricted by posted signs to
use by fire, police, public safety, or emergency vehicles;
(10) the
vehicle is unlawfully parked on property at the Minneapolis-St. Paul International
Airport owned by the Metropolitan Airports Commission;
(11) a law
enforcement official has probable cause to believe that the vehicle is stolen,
or that the vehicle constitutes or contains evidence of a crime and impoundment
is reasonably necessary to obtain or preserve the evidence;
(12) the
driver, operator, or person in physical control of the vehicle is taken into
custody and the vehicle is impounded for safekeeping;
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(13) a law
enforcement official has probable cause to believe that the owner, operator, or
person in physical control of the vehicle has failed to respond to five or more
citations for parking or traffic offenses;
(14) the
vehicle is unlawfully parked in a zone that is restricted by posted signs to
use by taxicabs;
(15) the
vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle;
(16) the
vehicle is parked, on a school day during prohibited hours, in a school zone on
a public street where official signs prohibit parking; or
(17) the
vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section
168B.011, and subject to immediate removal under chapter 168B.
Sec. 28. Minnesota Statutes 2008, section 169.041, is
amended by adding a subdivision to read:
Subd. 5a. Quick
clearance. (a) For purposes
of this subdivision:
(1)
"road" includes the roadway, a lane for vehicular traffic, shoulder,
on-ramp, and off-ramp of a street or highway, including a parkway; and
(2)
"obstructions" includes motor vehicles, debris, personal property,
and cargo.
(b) Within
the Department of Transportation's eight-county metropolitan district, the
department and the State Patrol may move, remove, or cause to remove
obstructions from a road if:
(1) there
has been a traffic incident involving a collision, accident, or spilled load;
(2) the
obstructions block a road or aggravate an emergency on a road; and
(3) the
department cooperates with the State Patrol and private towing or recovery
companies authorized by the State Patrol concerning towing of the vehicle and
removal of other obstructions.
(c) The State
Patrol shall make a reasonable effort to contact the owner of the motor vehicle
or other obstructions before undertaking an action under this subdivision.
(d) The
department shall make a reasonable effort to allow the owner of the motor
vehicle to arrange for its removal, taking into account any time delay and
safety issues, and shall give due consideration to having the vehicle towed by
a licensed towing service capable of safely moving the vehicle.
(e) Towing
charges accrued by the owner or owners of the vehicle must be reasonable for
the type of vehicle removed and the circumstances surrounding its removal.
Sec. 29. Minnesota Statutes 2008, section 169.15, is
amended to read:
169.15 IMPEDING TRAFFIC; INTERSECTION GRIDLOCK.
Subdivision
1. Impeding traffic; drive at slow speed. No person shall drive a motor vehicle at
such a slow speed as to impede or block the normal and reasonable movement of
traffic except when reduced speed is necessary for safe operation or in
compliance with law or except when the vehicle is temporarily unable to
maintain a greater speed due to a combination of the weight of the vehicle and
the grade of the highway.
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Subd. 2. Intersection
gridlock; stop or block traffic. (a)
Except as provided in paragraph (b), a driver of a vehicle shall not enter an
intersection controlled by a traffic-control signal until the driver is able to
move the vehicle immediately, continuously, and completely through the
intersection without impeding or blocking the subsequent movement of cross
traffic.
(b)
Paragraph (a) does not apply to movement of a vehicle made:
(1) at the
direction of a city-authorized traffic-control agent or a peace officer;
(2) to
facilitate passage of an authorized emergency vehicle with its emergency lights
activated; or
(3) to make
a turn, as permitted under section 169.19, that allows the vehicle to safely leave
the intersection.
(c) A
violation of this subdivision does not constitute grounds for suspension or
revocation of the violator's driver's license.
EFFECTIVE
DATE. This section is effective January 1, 2011, and applies to acts committed
on or after that date.
Sec. 30. Minnesota Statutes 2008, section 169.26, is
amended by adding a subdivision to read:
Subd. 4. Pedestrians;
penalty. (a) A pedestrian
shall not pass through, around, over, or under any crossing gate or barrier at
a railroad grade crossing while the gate or barrier is closed or is being
opened or closed.
(b) A
pedestrian shall not enter, remain upon, or traverse over a railroad track,
grade crossing, or pedestrian walkway crossing a railroad track when an audible
bell or clearly visible electric or mechanical signal device is operational and
warning of the presence, approach, passage, or departure of a railroad train.
(c) A
person who violates this subdivision is subject to a fine of up to $100.
Sec. 31. Minnesota Statutes 2008, section 169.306, is
amended to read:
169.306 USE OF SHOULDERS BY BUSES.
(a) The
commissioner of transportation may is authorized to permit the
use by transit buses and Metro Mobility buses of a shoulder, as designated
by the commissioner, of a freeway or expressway, as defined in section
160.02, in the seven-county metropolitan area in Minnesota.
(b) If the
commissioner permits the use of a freeway or expressway shoulder by transit
buses, the commissioner shall also permit the use on that shoulder of a
bus (1) with a seating capacity of 40 passengers or more operated by a
motor carrier of passengers, as defined in section 221.012, subdivision 26,
while operating in intrastate commerce or (2) providing regular route
transit service, as defined in section 174.22, subdivision 8, or Metro Mobility
services, and operated by or under contract with the Metropolitan Council, a
local transit authority, or a transit authority created by the
legislature. Drivers of these buses must
have adequate training in the requirements of paragraph (c), as determined by
the commissioner.
(c) Buses
authorized to use the shoulder under this section may be operated on the
shoulder only when main-line traffic speeds are less than 35 miles per
hour. Drivers of buses being operated on
the shoulder may not exceed the speed of main-line traffic by more than 15
miles per hour and may never exceed 35 miles per hour. Drivers of buses being operated on the
shoulder must yield to merging, entering, and exiting traffic and must yield to
other vehicles on the shoulder. Buses
operated on the shoulder must be registered with the Department of
Transportation.
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(d) For the
purposes of this section, the term "Metro Mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special
transportation services under section 473.386 that is:
(1)
operated by the Metropolitan Council, or operated by or under
contract with a public or private entity receiving financial assistance
to provide transit services from the Metropolitan Council or the
commissioner of transportation; and
(2)
authorized by the council commissioner to use freeway or
expressway shoulders.
(e) This
section does not apply to the operation of buses on dynamic shoulder lanes.
Sec. 32. Minnesota Statutes 2009 Supplement, section
169.71, subdivision 1, is amended to read:
Subdivision 1. Prohibitions generally; exceptions. (a) A person shall not drive or operate
any motor vehicle with:
(1) a
windshield cracked or discolored to an extent to limit or obstruct proper
vision;
(2) any
objects suspended between the driver and the windshield, other than:
(i) sun
visors;
(ii)
rearview mirrors;
(iii)
driver feedback and safety-monitoring equipment when mounted immediately
behind, slightly above, or slightly below the rearview mirror;
(iii) (iv)
global positioning systems or navigation systems when mounted or located near
the bottommost portion of the windshield; and
(iv) (v)
electronic toll collection devices; or
(3) any
sign, poster, or other nontransparent material upon the front windshield, sidewings,
or side or rear windows of the vehicle, other than a certificate or other paper
required to be so displayed by law or authorized by the state director of the
Division of Emergency Management or the commissioner of public safety.
(b)
Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.
(c)
Paragraph (a), clause (2), does not apply to authorized emergency vehicles.
Sec. 33. Minnesota Statutes 2008, section 169.79,
subdivision 3, is amended to read:
Subd. 3. Rear
display of single plate. If the
vehicle is a motorcycle, motor scooter, motorized bicycle, motorcycle sidecar,
trailer registered at greater than 3,000 pounds gross vehicle weight (GVW),
semitrailer, or vehicle displaying a dealer plate, then one license plate must
be displayed horizontally or vertically, for a motorcycle issued vertical
license plates under section 168.12, subdivision 2a, with the identifying
numbers and letters facing outward from the vehicle and must be mounted in
the upright position on the rear of the vehicle.
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Sec. 34. Minnesota Statutes 2009 Supplement, section
169.865, subdivision 1, is amended to read:
Subdivision
1. Six-axle
vehicles. (a) A road authority may
issue an annual permit authorizing a vehicle or combination of vehicles with a
total of six or more axles to haul raw or unprocessed agricultural products and
be operated with a gross vehicle weight of up to:
(1) 90,000
pounds; and
(2) 99,000
pounds during the period set by the commissioner under section 169.826,
subdivision 1.
(b)
Notwithstanding subdivision 4 3, paragraph (a), clause (4), a
vehicle or combination of vehicles operated under this subdivision and
transporting only sealed intermodal containers may be operated on an interstate
highway if allowed by the United States Department of Transportation.
(c) The fee
for a permit issued under this subdivision is $300.
EFFECTIVE DATE. This
section is effective retroactively from July 1, 2008.
Sec. 35. Minnesota Statutes 2008, section 169.87, is
amended by adding a subdivision to read:
Subd. 7. Cargo
tank vehicles. (a) Weight
restrictions imposed by the commissioner under subdivisions 1 and 2 do not
apply to cargo tank vehicles with two or three permanent axles when delivering
propane for heating or dyed fuel oil on seasonally weight-restricted roads if
the vehicle is loaded at no more than 50 percent capacity of the cargo tank.
(b) To be
exempt from weight restrictions under paragraph (a), a cargo tank vehicle used
for propane must have an operating gauge on the cargo tank that shows the
amount of propane as a percent of capacity of the cargo tank. Documentation of the capacity of the cargo
tank must be available on the cargo tank or in the cab of the vehicle. For purposes of this subdivision, propane
weighs 4.2 pounds per gallon.
(c) To be
exempt from weight restrictions under paragraph (a), a cargo tank vehicle used
for dyed fuel oil must utilize the forward two tank compartments and must carry
documentation of the empty weight of the cargo tank vehicle from a certified
scale in the cab of the vehicle. For purposes
of this subdivision, dyed fuel oil weighs seven pounds per gallon.
(d) To the
extent practicable, cargo tank vehicles that are exempt from weight
restrictions under paragraph (a) shall complete deliveries on seasonally weight
restricted roads by 12:00 p.m. and before the last week of April.
Sec. 36. Minnesota Statutes 2009 Supplement, section
171.02, subdivision 2b, is amended to read:
Subd. 2b. Exception
for type III vehicle drivers. (a)
Notwithstanding subdivision 2, the holder of a class A, B, C, or D driver's
license, without a school bus endorsement, may operate a type III vehicle
described in section 169.011, subdivision 71, paragraph (h), under the
conditions in paragraphs (b) through (o).
(b) The
operator is an employee of the entity that owns, leases, or contracts for the
school bus.
(c) The
operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
(1) safe
operation of a type III vehicle;
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(2) understanding student
behavior, including issues relating to students with disabilities;
(3) encouraging orderly
conduct of students on the bus and handling incidents of misconduct
appropriately;
(4) knowing and understanding
relevant laws, rules of the road, and local school bus safety policies;
(5) handling emergency
situations;
(6) proper use of seat belts
and child safety restraints;
(7) performance of pretrip
vehicle inspections;
(8) safe loading and unloading
of students, including, but not limited to:
(i) utilizing a safe
location for loading and unloading students at the curb, on the nontraffic side
of the roadway, or at off-street loading areas, driveways, yards, and other
areas to enable the student to avoid hazardous conditions;
(ii) refraining from loading
and unloading students in a vehicular traffic lane, on the shoulder, in a
designated turn lane, or a lane adjacent to a designated turn lane;
(iii) avoiding a loading or
unloading location that would require a pupil to cross a road, or ensuring that
the driver or an aide personally escort the pupil across the road if it is
not reasonably feasible to avoid such a location; and
(iv) placing the type III
vehicle in "park" during loading and unloading; and
(v) escorting a pupil across
the road under clause (iii) only after the motor is stopped, the ignition key
is removed, the brakes are set, and the vehicle is otherwise rendered immobile;
and
(9) compliance with
paragraph (k), concerning reporting certain convictions to the employer within
ten days of the date of conviction.
(d) A background check or
background investigation of the operator has been conducted that meets the
requirements under section 122A.18, subdivision 8, or 123B.03 for school
district employees; section 144.057 or chapter 245C for day care employees; or
section 171.321, subdivision 3, for all other persons operating a type A or
type III vehicle under this subdivision.
(e) Operators shall submit
to a physical examination as required by section 171.321, subdivision 2.
(f) The operator's employer
requires preemployment drug and alcohol testing of applicants for
operator positions. Current operators must comply with the
employer's policy under section 181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary,
the operator's employer may use a breathalyzer or similar device to fulfill
random alcohol testing requirements.
(g) The operator's driver's
license is verified annually by the entity that owns, leases, or contracts for
the school bus type III vehicle as required under section
171.321, subdivision 5.
(h) A person who sustains a
conviction, as defined under section 609.02, of violating section 169A.25,
169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under
sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of
violating or whose driver's license is revoked under a similar statute or
ordinance of another state, is precluded from operating a type III vehicle for
five years from the date of conviction.
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(i) A
person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle
under this subdivision.
(j) A person who sustains a
conviction, as defined under section 609.02, of a moving offense in violation
of chapter 169 within three years of the first of three other moving offenses
is precluded from operating a type III vehicle for one year from the date of
the last conviction.
(k) An operator who sustains
a conviction as described in paragraph (h), (i), or (j) while employed by the
entity that owns, leases, or contracts for the school bus, shall report the
conviction to the employer within ten days of the date of the conviction.
(l) Students riding the type
III vehicle must have training required under section 123B.90, subdivision 2.
(m) Documentation of meeting
the requirements listed in this subdivision must be maintained under separate
file at the business location for each type III vehicle operator. The business manager, school board, governing
body of a nonpublic school, or any other entity that owns, leases, or contracts
for the type III vehicle operating under this subdivision is responsible for
maintaining these files for inspection.
(n) The type III vehicle
must bear a current certificate of inspection issued under section 169.451.
(o) An employee of a school
or of a school district, who is not employed for the sole purpose of operating
a type III vehicle, is exempt from paragraphs (e) and (f).
EFFECTIVE DATE. This section is effective July 1, 2010.
Sec. 37. Minnesota Statutes 2008, section 171.321,
subdivision 2, is amended to read:
Subd. 2. Rules. (a) The commissioner of public safety
shall prescribe rules governing (1) the physical qualifications of
school bus drivers and tests required to obtain a school bus endorsement,
and (2) the physical qualifications of type III vehicle drivers.
(b) The rules under
paragraph (a) must provide that an applicant for a school bus endorsement
or renewal is exempt from the physical qualifications and medical examination
required to operate a school bus upon providing evidence of being medically
examined and certified within the preceding 24 months as physically qualified
to operate a commercial motor vehicle, pursuant to Code of Federal Regulations,
title 49, part 391, subpart E, or rules of the commissioner of transportation
incorporating those federal regulations.
The commissioner shall accept physical examinations for school bus
drivers conducted by medical examiners authorized as provided by Code of
Federal Regulations, title 49, chapter 3, part 391, subpart E.
(b) (c) The commissioner
of public safety, in conjunction with the commissioner of education, shall
adopt rules prescribing a training program for Head Start bus drivers. The program must provide for initial
classroom and behind-the-wheel training, and annual in-service training. The program must provide training in
defensive driving, human relations, emergency and accident procedures, vehicle
maintenance, traffic laws, and use of safety equipment. The program must provide that the training
will be conducted by the contract operator for a Head Start agency, the Head
Start grantee, a licensed driver training school, or by another person or entity
approved by both commissioners.
(d) The commissioner may
exempt a type III vehicle driver from the physical qualifications required to
operate a type III vehicle upon receiving evidence of the driver having been
medically examined and certified within the preceding 24 months as physically
qualified to operate a commercial motor vehicle as provided for applicants for
a school bus endorsement under paragraph (b).
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Sec. 38. Minnesota Statutes 2008, section 174.01,
subdivision 1, is amended to read:
Subdivision 1. Department
created. In order to provide a
balanced an integrated transportation system, including of
aeronautics, highways, motor carriers, ports, public transit, railroads, and
pipelines, and including facilities for walking and bicycling, a
Department of Transportation is created.
The department is the principal agency of the state for development,
implementation, administration, consolidation, and coordination of state
transportation policies, plans, and programs.
Sec. 39. Minnesota Statutes 2008, section 174.01,
subdivision 2, is amended to read:
Subd. 2. Transportation
goals. The goals of the state
transportation system are as follows:
(1) to provide safe
transportation minimize fatalities and injuries for transportation
users throughout the state;
(2) to provide multimodal
and intermodal transportation that enhances mobility and economic
development and provides access to all persons and businesses in Minnesota
while ensuring that there is no facilities and services to increase
access for all persons and businesses and to ensure economic well-being and
quality of life without undue burden placed on any community;
(3) to provide a reasonable
travel time for commuters;
(4) to enhance economic
development and provide for the economical, efficient, and safe movement of
goods to and from markets by rail, highway, and waterway;
(5) to encourage tourism by
providing appropriate transportation to Minnesota facilities designed to
attract tourists and to enhance the appeal, through transportation
investments, of tourist destinations across the state;
(6) to provide transit
services throughout to all counties in the state to meet the
needs of transit users;
(7) to promote productivity
accountability through system systematic management of
system performance and productivity through the utilization of
technological advancements;
(8) to maximize the
long-term benefits received for each state transportation investment;
(9) to provide for and
prioritize funding for of transportation investments
that, at a minimum, preserves the transportation infrastructure ensures
that the state's transportation infrastructure is maintained in a state of good
repair;
(10) to ensure that the
planning and implementation of all modes of transportation are consistent with
the environmental and energy goals of the state;
(11) to promote and increase
the use of high-occupancy vehicles and low-emission vehicles;
(12) to provide an air
transportation system sufficient to encourage economic growth and allow all
regions of the state the ability to participate in the global economy;
(13) to increase transit
use of transit as a percentage of all trips statewide by giving highest
priority to the transportation modes with
the greatest people-moving capacity and lowest long-term economic and
environmental cost;
(14) to promote and increase
bicycling and walking as a percentage of all trips as an
energy-efficient, nonpolluting, and healthful form healthy forms
of transportation;
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(15) to
reduce greenhouse gas emissions from the state's transportation sector; and
(16) to
accomplish these goals with minimal impact on the environment.
Sec. 40. Minnesota Statutes 2008, section 174.02,
subdivision 1a, is amended to read:
Subd. 1a. Mission;
efficiency; legislative report, recommendations. It is part of the department's mission
that within the department's resources the commissioner shall endeavor to:
(1) prevent
the waste or unnecessary spending of public money;
(2) use
innovative fiscal and human resource practices to manage the state's resources
and operate the department as efficiently as possible;
(3)
minimize the degradation of air and, water quality, and the
climate, including reduction in greenhouse gas emissions;
(4)
coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;
(5) use
technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase
public participation in the business of government;
(6) utilize
constructive and cooperative labor-management practices to the extent otherwise
required by chapters 43A and 179A;
(7) report
to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to
section 16A.10, subdivision 1; and
(8)
recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the department.
Sec. 41. [174.186]
DISADVANTAGED BUSINESS ENTERPRISE COLLABORATIVE.
Subdivision
1. Establishment; purpose. (a)
The commissioner of transportation shall convene regular meetings of the
disadvantaged business enterprise program and workforce inclusion
collaborative, as constituted by the commissioner as of January 1, 2010.
(b) The
collaborative shall review and evaluate the commissioner's implementation of
the disadvantaged business enterprise program, under Code of Federal
Regulations, title 49, and recommend changes, including possible legislation,
to improve the effectiveness of the program in this state. At a minimum, the collaborative shall review,
evaluate, and recommend program changes where necessary in the following areas:
(1) an
on-the-job training program to increase the diversity of the workforce on
projects;
(2)
on-the-job trainee tracking and retention;
(3) a
mentor and protégé program for small, disadvantaged business entrepreneurs;
(4)
requirements for participation of disadvantaged business enterprises at the
time of letting bids for contracts;
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(5) a
coordinated access point to recruit disadvantaged business enterprises and a
diverse workforce;
(6)
objective measures for good-faith efforts to recruit disadvantaged business
enterprises;
(7) a
working capital fund for small disadvantaged business enterprises;
(8)
increased transparency for results in the on-the-job training and disadvantaged
business enterprise programs;
(9) civil
rights program training;
(10) a
targeted group business program for state-funded projects; and
(11) coding
systems and dual goals for women and people of color.
(c) The commissioner
shall provide staff and administrative support for the collaborative and shall
establish policies and procedures for the collaborative, including quorum
requirements and majority decision making.
(d) The
representatives of the Department of Transportation with responsibility for
civil rights and contracting shall participate in collaborative meetings and
deliberations.
(e) Members
of the collaborative do not receive compensation or reimbursement of expenses.
Subd. 2. Powers
and duties; report. (a) The
collaborative shall develop recommendations to the commissioner and to the
legislature as provided in paragraph (b) designed to implement fully the
federal Disadvantaged Business Enterprise program in this state and to improve
the effectiveness of the program. These
recommendations, including any draft legislation if the collaborative decides
to recommend legislation, may include, but are not limited to, strategies,
policies, and actions focused on:
(1)
requiring bid proposals to include information on disadvantaged business
enterprise participation;
(2)
defining and implementing appropriate accountability measures when
disadvantaged business enterprise contract goals are not met in accordance with
Code of Federal Regulations, title 49;
(3) sponsoring
disadvantaged business enterprise training and development workshops; and
(4)
strengthening the content and frequency of department reporting requirements
relating to the disadvantaged business enterprise program.
(b) The collaborative
shall report its findings and legislative recommendations, including draft
legislation if the collaborative decides to recommend legislation, to the
chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over transportation policy and finance by February 1,
2011. The report must be made available
electronically and available in print upon request.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 42. Minnesota Statutes 2008, section 174.22, is
amended by adding a subdivision to read:
Subd. 14a. State
sources of funds. "State
sources of funds" means funding for the public transit participation
program appropriated from (1) the general fund, and (2) the greater Minnesota
transit account.
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Sec. 43. Minnesota Statutes 2008, section 174.23,
subdivision 1, is amended to read:
Subdivision
1. General. (a) The commissioner shall have
all powers necessary and convenient to carry out the provisions of sections
174.21 to 174.27 including the power to:
(1) review
applications for financial assistance, execute contracts, and obligate and
expend program funds, upon conditions and limitations as the commissioner deems
necessary for purposes of program and project implementation, operation, and
evaluation,;
(2) accept
and disburse federal funds available for the purposes of sections 174.21 to
174.27, and such funds are appropriated to the commissioner; and
(3) act
upon request as the designated agent of any eligible person for the receipt and
disbursal of federal funds.
(b) The commissioner
shall perform the duties and exercise the powers under sections 174.21 to
174.27 in coordination with and in furtherance of statewide, regional, and
local transportation plans and transportation development programs. The commissioner shall set guidelines for
financial assistance under the public transit subsidy program. The commissioner shall present any proposed
guidelines regarding public transit financial assistance to a legislative
committee composed of equal numbers appointed by the house of representatives
local and urban affairs and senate transportation committees. The commissioner shall not implement any new
guidelines regarding public transit financial assistance, between the period
January 1, 1981 to April 15, 1982, without the prior approval of that
committee.
Sec. 44. Minnesota Statutes 2008, section 174.23,
subdivision 2, is amended to read:
Subd. 2. Financial
assistance; application, approval.
(a) The commissioner shall seek out and select eligible
recipients of financial assistance under sections 174.21 to 174.27.
(b) The
commissioner shall establish by rule the procedures and standards for review
and approval of applications for financial assistance submitted to the
commissioner pursuant to sections 174.21 to 174.27. Any applicant shall provide to the
commissioner any financial or other information required by the commissioner to
carry out the commissioner's duties. The
commissioner may require local contributions from applicants as a condition for
receiving financial assistance.
(c) Before the
commissioner approves any grant, the application for the grant shall may
be reviewed and approved by the appropriate regional development
commission only for consistency with regional transportation plans and
development guides. If an applicant
proposes a project within the jurisdiction of a transit authority or commission
or a transit system assisted or operated by a city or county, the application
shall also be reviewed by that commission, authority, or political subdivision
for consistency with its transit programs, policies, and plans. Any regional development commission that
has not adopted a transportation plan may review but may not approve or
disapprove of any application.
Sec. 45. Minnesota Statutes 2009 Supplement, section
174.24, subdivision 1a, is amended to read:
Subd. 1a. Transit
service needs implementation Greater Minnesota transit investment
plan. (a) The commissioner
shall develop a greater Minnesota transit service needs
implementation investment plan that contains a goal of meeting at
least 80 percent of unmet total transit service needs in greater
Minnesota by July 1, 2015, and meeting at least 90 percent of unmet total
transit service needs in greater Minnesota by July 1, 2025.
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(b) The plan
must include, but is not limited to, the following:
(1) an
analysis of ridership and total transit service needs throughout greater
Minnesota;
(2) a
calculation of unmet needs; an assessment of the level and type of
service required to meet unmet total transit service needs,
for the transit system classifications as provided under subdivision 3b, paragraph
(c), of urbanized area, small urban area, rural area, and elderly and disabled
service;
(3) an
analysis of costs and revenue options; and,
(4) a plan to
reduce unmet total transit service needs as specified in this
subdivision; and
(5) identification
of the operating and capital costs necessary to meet 100 percent of the greater
Minnesota transit targeted and projected bus service hours, as identified in
the greater Minnesota transit plan, for 2010, 2015, 2020, 2025, and 2030.
(c) The plan
must specifically address special transportation service ridership and
needs. The plan must also provide that
recipients of operating assistance under this section provide fixed route
public transit service without charge for disabled veterans in accordance with
subdivision 7. The commissioner may
amend the plan as necessary, and may use all or part of the 2001 greater
Minnesota public transportation plan created by the Minnesota Department of
Transportation.
Sec. 46. Minnesota Statutes 2008, section 174.24,
subdivision 2, is amended to read:
Subd. 2. Eligibility;
application. Any legislatively
established public transit commission or authority, any county or statutory or
home rule charter city providing financial assistance to or operating public
transit, any private operator of public transit, or any combination thereof is
eligible to receive financial assistance through the public transit
participation program. Except as
provided in subdivision 2b for assistance provided from federal funds,
eligible recipients must be located outside of the metropolitan area.
Sec. 47. Minnesota Statutes 2008, section 174.24, is
amended by adding a subdivision to read:
Subd. 2b. Federal
aid. (a) The commissioner may
accept and disburse federal funds received and appropriated under section
174.23, subdivision 1, as an additional source of funds for implementing the
public transit participation program established in this section. This authority includes, but is not limited
to:
(1)
adopting administrative rules to establish financial assistance allocation
priorities, identify factors to consider in reviewing an applicant's management
plan, evaluate a request for financial assistance, and determine the amount of
financial assistance to be provided; and
(2)
establishing project selection criteria under the United States Code, title 49,
section 5311, state management plan as approved by the Federal Transit
Administration, United States Department of Transportation.
(b) If the
commissioner accepts and disburses federal funds as provided in paragraph (a),
the commissioner shall:
(1)
maintain separate accounts for (i) state sources of funds, and (ii) federal
sources of funding; and
(2) ensure
that all state sources of funds are only used for assistance to eligible recipients
as provided in subdivision 2.
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Sec. 48. Minnesota Statutes 2008, section 174.24, subdivision
3b, is amended to read:
Subd. 3b. Operating
assistance; recipient classifications. (a)
The commissioner shall determine the total operating cost of any public transit
system receiving or applying for assistance in accordance with generally accepted
accounting principles. To be eligible
for financial assistance, an applicant or recipient shall provide to the
commissioner all financial records and other information and shall permit any
inspection reasonably necessary to determine total operating cost and
correspondingly the amount of assistance that may be paid to the applicant or
recipient. Where more than one county or
municipality contributes assistance to the operation of a public transit
system, the commissioner shall identify one as lead agency for the purpose of
receiving money under this section.
(b) Prior to
distributing operating assistance to eligible recipients for any contract
period, the commissioner shall place all recipients into one of the following
classifications: urbanized area service,
small urban area service, rural area service, and elderly and disabled service.
(c) The
commissioner shall distribute funds under this section so that the percentage
of total contracted operating cost paid by any recipient from local
sources will not exceed the percentage for that recipient's classification,
except as provided in an undue hardship case this subdivision. The percentages must be:
(1) for
urbanized area service and small urban area service, 20 percent;
(2) for rural
area service, 15 percent; and
(3) for elderly
and disabled service, 15 percent.
Except as
provided in a United States Department of Transportation program allowing or
requiring a lower percentage to be paid from local sources, the
remainder of the recipient's total contracted operating cost will
be paid from state sources of funds less any assistance received by the
recipient from any federal source the United States Department of
Transportation.
(d) For
purposes of this subdivision, "local sources" means all local sources
of funds and includes all operating revenue, tax levies, and contributions from
public funds, except that the commissioner may exclude from the total
assistance contract revenues derived from operations the cost of which is
excluded from the computation of total operating cost. Total operating costs of the Duluth
Transit Authority or a successor agency does not include costs related to the
Superior, Wisconsin service contract and the Independent School District
No. 709 service contract.
(c) (e)
If a recipient informs the commissioner in writing after the establishment of
these percentages but prior to the distribution of financial assistance for any
year that paying its designated percentage of total operating cost from local
sources will cause undue hardship, the commissioner may reduce the percentage
to be paid from local sources by the recipient and increase the percentage to
be paid from local sources by one or more other recipients inside or outside
the classification. However, the
commissioner may not reduce or increase any recipient's percentage under this
paragraph for more than two years successively.
If for any year the funds appropriated to the commissioner to carry out
the purposes of this section are insufficient to allow the commissioner to pay
the state share of total operating cost as provided in this paragraph, the
commissioner shall reduce the state share in each classification to the extent
necessary.
Sec. 49. Minnesota Statutes 2009 Supplement, section
174.24, subdivision 5, is amended to read:
Subd. 5. Method
of payment, operating assistance. Payments
for operating assistance under this section from state sources of funds
must be made in the following manner:
(a) For
payments made from the general fund:
(1) 50
percent of the total contract amount in or before the first month of operation;
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of Page 12325
(2) 40
percent of the total contract amount in or before the seventh month of
operation;
(3) 9
percent of the total contract amount in or before the 12th month of operation;
and
(4) 1
percent of the total contract amount after the final audit.
(b) For payments
made from the greater Minnesota transit account:
(1) 50
percent of the total contract amount in or before the seventh month of
operation; and
(2) 50
percent of the total contract amount in or before the 11th month of operation.
Sec. 50. Minnesota Statutes 2008, section 174.247, is
amended to read:
174.247 ANNUAL TRANSIT REPORT.
(a) By
February 15 annually, the commissioner shall submit a report to the legislature
on transit services outside the metropolitan area. The Metropolitan Council and any public
transit system receiving assistance under section 174.24 shall provide
assistance in creating the report, as requested by the commissioner.
(b) The
report must include, at a minimum, the following:
(1) a
descriptive overview of public transit in Minnesota;
(2) a
descriptive summary of funding sources and assistance programs;
(3) a
summary of each public transit system receiving assistance under section
174.24;
(4) data
that identifies use of volunteers in providing transit service;
(5) financial
data that identifies operating and capital costs, and funding sources,
for each public transit system and for each transit system classification under
section 174.24, subdivision 3b:
(i) the
operating and capital costs;
(ii) each of
the funding sources used to provide financial assistance; and
(iii) for
federal funds, the amount from each specific federal program under which
funding is provided;
(6) a
summary of the differences in program implementation requirements and aid
recipient eligibility between federal aid and state sources of funds;
(7) in each
odd-numbered year, an analysis of public transit system needs and operating
expenditures on an annual basis, which must include a methodology for
identifying monetary needs, and calculations of:
(i) the
total monetary needs for all public transit systems, for the year of the report
and the ensuing five years;
(ii) the
total expenditures from local sources for each transit system classification;
(iii) the
comprehensive transit assistance percentage for each transit system
classification, which equals (A) the expenditures identified under clause (7),
item (ii), for a transit system classification, divided by (B) the amounts
identified under subitem (A), plus the sum of state sources of funds plus
federal funds provided to all transit systems in that classification; and
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(iv) in each odd-numbered
year, beginning in 2009, a calculation of the amounts the amount of
surplus or insufficient funds available for (i) paying the state share of
transit operating costs under section 174.24, subdivision 3b, and (ii)
paying capital and operating costs to fully implement the transit service
needs implementation greater Minnesota transit investment plan under
section 174.24, subdivision 1a.
Sec. 51. [174.285]
MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.
Subdivision 1. Council
established. A Minnesota
Council on Transportation Access is established to study, evaluate, oversee,
and make recommendations to improve the coordination, availability,
accessibility, efficiency, cost-effectiveness, and safety of transportation
services provided to the transit public.
"Transit public" means those persons who utilize public
transit and those who, because of mental or physical disability, income status,
or age are unable to transport themselves and are dependent upon others for
transportation services.
Subd. 2. Duties
of council. In order to
accomplish the purposes in subdivision 1, the council, following consultation
with the legislative committees or divisions with jurisdiction over transportation
policy and budget, or with appropriate legislative transportation
subcommittees, shall adopt a biennial work plan that must incorporate the
following activities:
(1) compile information on
existing transportation alternatives for the transit public, and serve as a
clearinghouse for information on services, funding sources, innovations, and
coordination efforts;
(2) identify best practices
and strategies that have been successful in Minnesota and in other states for
coordination of local, regional, state, and federal funding and services;
(3) recommend statewide
objectives for providing public transportation services for the transit public;
(4) identify barriers
prohibiting coordination and accessibility of public transportation services and
aggressively pursue the elimination of those barriers;
(5) recommend policies and
procedures for coordinating local, regional, state, and federal funding and
services for the transit public;
(6) identify stakeholders in
providing services for the transit public, and seek input from them concerning
barriers and appropriate strategies;
(7) recommend guidelines for
developing transportation coordination plans throughout the state;
(8) encourage all state
agencies participating in the council to purchase trips within the coordinated
system;
(9) facilitate the creation
and operation of transportation brokerages to match riders to the appropriate
service, promote shared dispatching, compile and disseminate information on
transportation options, and promote regional communication;
(10) encourage volunteer
driver programs and recommend legislation to address liability and insurance
issues;
(11) recommend minimum
performance standards for delivery of services;
(12) identify methods to
eliminate fraud and abuse in special transportation services;
(13) develop a standard
method for addressing liability insurance requirements for transportation
services purchased, provided, or coordinated;
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(14) design
and develop a contracting template for providing coordinated transportation
services;
(15) recommend
an interagency uniform contracting and billing and accounting system for
providing coordinated transportation services;
(16)
encourage the design and development of training programs for coordinated
transportation services;
(17)
encourage the use of public school transportation vehicles for the transit
public;
(18)
develop an allocation methodology that equitably distributes transportation
funds to compensate units of government and all entities that provide
coordinated transportation services;
(19)
identify policies and necessary legislation to facilitate vehicle sharing; and
(20)
advocate aggressively for eliminating barriers to coordination, implementing
coordination strategies, enacting necessary legislation, and appropriating
resources to achieve the council's objectives.
Subd. 3. Coordination
with legislative committees. The
council shall coordinate its meeting schedule and activities pursuant to its
work plan, to the extent practicable, with legislative committees and divisions
with jurisdiction over transportation budget and policy, or with appropriate
subcommittees. The chairperson of the
council shall act as a liaison with the chairs and ranking minority members of
the legislative transportation committees, divisions, and appropriate
subcommittees, in carrying out these duties.
Subd. 4. Membership. (a) The council is composed of the
following 13 members:
(1) one
representative from the Office of the Governor;
(2) one
representative from the Council on Disability;
(3) one
representative from the Minnesota Public Transit Association;
(4) the
commissioner of transportation or a designee;
(5) the
commissioner of human services or a designee;
(6) the
commissioner of health or a designee;
(7) the
chair of the Metropolitan Council or a designee;
(8) the
commissioner of education or a designee;
(9) the
commissioner of veterans affairs or a designee;
(10) one
representative from the Board on Aging;
(11) the
commissioner of employment and economic development or a designee;
(12) the
commissioner of commerce or a designee; and
(13) the
commissioner of management and budget or a designee.
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(b) All appointments
required by paragraph (a) must be completed by August 1, 2010.
(c) The commissioner of
transportation or a designee shall convene the first meeting of the council
within two weeks after the members have been appointed to the council. The members shall elect a chairperson from
their membership at the first meeting.
(d) The Department of
Transportation and the Department of Human Services shall provide necessary
staff support for the council.
Subd. 5. Report. By January 15 of each year, beginning
in 2012, the council shall report its findings, recommendations, and activities
to the governor's office and to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation, health, and human
services, and to the legislature as provided under section 3.195.
Subd. 6. Reimbursement. Members of the council shall receive
reimbursement of expenses from the commissioner of transportation as provided
in section 15.059, subdivision 3.
Subd. 7. Transfer
of appropriation. The amount
appropriated to the Metropolitan Council in Laws 2009, chapter 36, article 1,
section 4, subdivision 2, for the administrative expenses of the Minnesota
Council on Transportation Access, and for other costs relating to the
preparation of required reports, including the costs of hiring a consultant, is
transferred to the Department of Transportation for the same purposes.
Subd. 8. Expiration. This section expires June 30, 2014.
Sec. 52. [174.75]
COMPLETE STREETS.
Subdivision 1. Definition. "Complete streets" is the
planning, scoping, design, implementation, operation, and maintenance of roads
in order to reasonably address the safety and accessibility needs of users of
all ages and abilities. Complete streets
considers the needs of motorists, pedestrians, transit users and vehicles,
bicyclists, and commercial and emergency vehicles moving along and across
roads, intersections, and crossings in a manner that is sensitive to the local
context and recognizes that the needs vary in urban, suburban, and rural
settings.
Subd. 2. Implementation. The commissioner shall implement a
complete streets policy after consultation with stakeholders, state and regional
agencies, local governments, and road authorities. The commissioner, after such consultation,
shall address relevant protocols, guidance, standards, requirements, and
training, and shall integrate related principles of context-sensitive solutions.
Subd. 3. Report. Beginning in 2011, the commissioner
shall report on the implementation of the complete streets policy in the
agency's biennial budget submission under section 174.02.
Subd. 4. Local
road authorities. Local road
authorities are encouraged, but not required, to create and adopt complete
streets policies for their roads that reflect local context and goals. Nothing in this section may be construed to
prohibit a local road authority from adopting a complete streets policy that
incorporates or exceeds statutory complete streets principles.
Subd. 5. Variances
from engineering standards. (a)
When evaluating a request for a variance from the engineering standards for state-aid
projects under chapter 162 in which the variance request is related to complete
streets, the commissioner shall consider the latest edition of:
(1) A Policy on Geometric
Design of Highways and Streets, from the American Association of State Highway
and Transportation Officials; and
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(2) for projects in urban
areas, the Context Sensitive Solutions in Designing Major Urban Thoroughfares
for Walkable Communities, from the Institute of Transportation Engineers.
(b) If the commissioner
denies a variance request related to complete streets, the commissioner shall
provide written reasons for the denial to the political subdivision that
submitted the request.
Sec. 53. Minnesota Statutes 2008, section 174.86,
subdivision 5, is amended to read:
Subd. 5. Commuter
Rail Corridor Coordinating Committee. (a)
A Commuter Rail Corridor Coordinating Committee shall be is
established to advise the commissioner on issues relating to the alternatives
analysis, environmental review, advanced corridor planning, preliminary
engineering, final design, implementation method, construction of commuter
rail, public involvement, land use, service, and safety. The Commuter Rail Corridor Coordinating
Committee shall consist of:
(1) one member representing
each significant funding partner in whose jurisdiction the line or lines are
located;
(2) one member appointed by
each county in which the corridors are located;
(3) one member appointed by
each city in which advanced corridor plans indicate that a station may be
located;
(4) two members appointed by
the commissioner, one of whom shall be designated by the commissioner as the
chair of the committee;
(5) one member appointed by
each metropolitan planning organization through which the commuter rail line
may pass; and
(6) one member appointed by
the president of the University of Minnesota, if a designated corridor provides
direct service to the university.; and
(7) two ex-officio members
who are members of labor organizations operating in, and with authority for,
trains or rail yards or stations junctioning with freight and commuter rail
lines on corridors, with one member appointed by the speaker of the house and
the other member appointed by the senate Rules and Administration Subcommittee
on Committees.
(b) A joint powers board
existing on April 1, 1999, consisting of local governments along a commuter
rail corridor, shall perform the functions set forth in paragraph (a) in place
of the committee.
(c) Notwithstanding section
15.059, subdivision 5, the committee does not expire.
Sec. 54. Minnesota Statutes 2008, section 219.01, is
amended to read:
219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.
(a) The track safety standards
of the United States Department of Transportation and Federal Railroad
Administration apply to railroad trackage and are the standards for the
determination of unsafe trackage within the state.
(b) The commissioner of
transportation shall apply to the Federal Railroad Administration under Public
Law 110-432, the Railroad Safety Enhancement Act of 2008 (the act), for (1)
railroad safety technology grant funding available under section 105 of the act
and (2) development and installation of rail safety technology, including
provision for switch position indicator signals in nonsignalized main track
territory, under section 406 of the act.
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The commissioner shall
respond and make application to the Federal Railroad Administration notice of
funds availability under the Rail Safety Assurance Act in a timely manner and
before the date of the program deadline to assure full consideration of the
application. The commissioner shall (i)
prioritize grant requests for the installation of switch indicator signals on
all segments of nonsignalized track where posted speeds are in excess of 20
miles per hour and (ii) apply for grant funding in each year after 2010 until
all nonsignalized track territory in the state has switch indicator signals
installed and in operation.
(c) Prior to
applying for funds under paragraph (b), the commissioner shall solicit grant
requests from all eligible railroads.
The commissioner shall submit written notice to the chairs of the
legislative committees with jurisdiction over transportation policy and finance
of an acceptance by a class I or class II railroad of federal grant program
funding for switch point indicator monitor systems.
(d)
Participating railroads shall provide the 20 percent nonfederal match. Railroads shall provide all technical documentation
requested by the commissioner and required by the Federal Railroad
Administration for the applications under paragraph (b). Railroads are responsible for developing,
acquiring, and installing all rail safety technology obtained under this section
in accordance with requirements established by the Federal Railroad
Administration.
Sec. 55. Minnesota Statutes 2008, section 221.012, is
amended by adding a subdivision to read:
Subd. 27a. Motor
carrier of railroad employees. "Motor
carrier of railroad employees" means a motor carrier engaged in the
for-hire transportation of railroad employees of a class I or II common
carrier, as defined in Code of Federal Regulations, title 49, part 1201,
general instruction 1-1, under the terms of a contractual agreement with a
common carrier, as defined in section 218.011, subdivision 10.
Sec. 56. Minnesota Statutes 2008, section 221.012,
subdivision 38, is amended to read:
Subd. 38. Small
vehicle passenger service. (a)
"Small vehicle passenger service" means a service provided by a
person engaged in the for-hire transportation of passengers in a vehicle
designed to transport seven or fewer persons, including the driver.
(b) In the
metropolitan area as defined in section 473.121, subdivision 2, "small vehicle
passenger service" also includes for-hire transportation of persons who
are certified by the Metropolitan Council to use special transportation service
provided under section 473.386, in a vehicle designed to transport not more
than 15 persons including the driver, that is equipped with a wheelchair lift
and at least three wheelchair securement positions.
(c) Small
vehicle passenger service does not include a motor carrier of railroad
employees.
Sec. 57. [221.0255]
MOTOR CARRIER OF RAILROAD EMPLOYEES.
(a) A motor
carrier of railroad employees must meet the requirements specified in this
section, is subject to section 221.291, and is otherwise exempt from the
provisions of this chapter.
(b) A
vehicle operator for a motor carrier of railroad employees who transports
passengers must:
(1) have a
valid driver's license under chapter 171; and
(2) submit
to a physical examination.
(c) The
carrier must implement a policy that provides for annual training and
certification of the operator in:
(1) safe
operation of the vehicle transporting railroad employees;
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(2) knowing
and understanding relevant laws, rules of the road, and safety policies;
(3)
handling emergency situations;
(4) proper
use of seat belts;
(5)
performance of pretrip and posttrip vehicle inspections, and inspection record
keeping; and
(6) proper
maintenance of required records.
(d) The
carrier must:
(1) perform
a background check or background investigation of the operator;
(2)
annually verify the operator's driver's license;
(3)
document meeting the requirements in this subdivision, and maintain the file at
the carrier's business location;
(4)
maintain liability insurance in a minimum amount of $5,000,000 regardless of
the seating capacity of the vehicle; and
(5)
maintain uninsured and underinsured coverage in a minimum amount of $1,000,000.
If a party contracts
with the motor carrier on behalf of the railroad to transport the railroad
employees, then the insurance requirements may be satisfied by either that
party or the motor carrier, so long as the motor carrier is a named insured or
additional insured under any policy.
(e) A
person who sustains a conviction of violating section 169A.25, 169A.26,
169A.27, or 169A.31, or whose driver's license is revoked under sections
169A.50 to 169A.53 of the implied consent law, or who is convicted of or has
their driver's license revoked under a similar statute or ordinance of another
state, may not operate a vehicle under this subdivision for five years from the
date of conviction. A person who
sustains a conviction of a moving offense in violation of chapter 169 within
three years of the first of three other moving offenses may not operate a
vehicle under this subdivision for one year from the date of the last
conviction. A person who has ever been
convicted of a disqualifying offense as defined in section 171.3215,
subdivision 1, paragraph (c), may not operate a vehicle under this subdivision.
(f) An
operator who sustains a conviction as described in paragraph (e) while employed
by the carrier shall report the conviction to the carrier within ten days of
the date of the conviction.
(g) A
carrier must implement a mandatory alcohol and controlled substance testing
program as provided under sections 181.950 to 181.957 that consists of
preemployment testing, postaccident testing, random testing, reasonable
suspicion testing, return-to-duty testing, and follow-up testing.
(h) A motor
carrier of railroad employees shall not allow or require a driver to drive or
remain on duty for more than: ten hours
after eight consecutive hours off duty; 15 hours of combined on-duty time and
drive time since last obtaining eight consecutive hours of off-duty time; or 70
hours of on-duty and drive time in any period of eight consecutive days. After 24 hours off duty, a driver begins a
new seven consecutive day period and on-duty time is reset to zero.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12332
(i) An
operator who encounters an emergency and cannot, because of that emergency, safely
complete a transportation assignment within the ten-hour maximum driving time
permitted under paragraph (h), may drive for not more than two additional hours
in order to complete that transportation assignment or to reach a place
offering safety for the occupants of the vehicle and security for the transport
motor vehicle, if the transportation assignment reasonably could have been
completed within the ten-hour period absent the emergency.
(j) A carrier
shall maintain and retain for a period of six months accurate time records that
show the time the driver reports for duty each day; the total number of hours
of on-duty time for each driver for each day; the time the driver is released
from duty each day; and the total number of hours driven each day.
(k) For
purposes of this subdivision, the following terms have the meanings given:
(1)
"conviction" has the meaning given in section 609.02; and
(2)
"on-duty time" means all time at a terminal, facility, or other
property of a contract carrier or on any public property waiting to be
dispatched. On-duty time includes time
spent inspecting, servicing, or conditioning the vehicle.
EFFECTIVE DATE. Paragraph
(d), clause (5), is effective July 1, 2011.
Sec. 58. Minnesota Statutes 2009 Supplement, section
299D.03, subdivision 5, is amended to read:
Subd. 5. Traffic
fines and forfeited bail money. (a)
All fines and forfeited bail money collected from persons apprehended or
arrested by officers of the State Patrol shall be transmitted by the person or
officer collecting the fines, forfeited bail money, or installments thereof, on
or before the tenth day after the last day of the month in which these moneys
were collected, to the commissioner of management and budget. Except where a different disposition is
required in this subdivision or section 387.213, or otherwise provided by law,
three-eighths of these receipts must be deposited in the state treasury and
credited to the state general fund. The
other five-eighths of these receipts must be deposited in the state treasury
and credited as follows: (1) the first $600,000
$1,000,000 in each fiscal year must be credited to the Minnesota grade
crossing safety account in the special revenue fund, and (2) remaining
receipts must be credited to the state trunk highway fund. If, however, the violation occurs within a
municipality and the city attorney prosecutes the offense, and a plea of not
guilty is entered, one-third of the receipts shall be deposited in the state
treasury and credited to the state general fund, one-third of the receipts
shall be paid to the municipality prosecuting the offense, and one-third shall
be deposited in the state treasury and credited to the Minnesota grade crossing
safety account or the state trunk highway fund as provided in this
paragraph. When section 387.213 also is
applicable to the fine, section 387.213 shall be applied before this paragraph
is applied. All costs of participation
in a nationwide police communication system chargeable to the state of
Minnesota shall be paid from appropriations for that purpose.
(b) Notwithstanding
any other provisions of law, All fines and forfeited bail money from
violations of statutes governing the maximum weight of motor vehicles, collected
from persons apprehended or arrested by employees of the state of Minnesota, by
means of stationary or portable scales operated by these employees, shall be
transmitted by the person or officer collecting the fines or forfeited bail
money, on or before the tenth day after the last day of the month in which the
collections were made, to the commissioner of management and budget. Five-eighths of these receipts shall be
deposited in the state treasury and credited to the state highway user tax
distribution fund. Three-eighths of
these receipts shall be deposited in the state treasury and credited to the
state general fund.
Sec. 59. Minnesota Statutes 2008, section 360.061,
subdivision 3, is amended to read:
Subd. 3. Municipality. "Municipality" does not include
a county unless the county owns or controls an airport, in which case such
county may exercise all the powers granted by said sections to other
municipalities. It specifically includes
a town, an airport authority, the Metropolitan Airports Commission
established and operated pursuant to chapter 473, and the state of Minnesota.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12333
Sec. 60. [383D.75]
NEW LOCATION FOR DEPUTY REGISTRAR.
Notwithstanding
section 168.33, and rules adopted by the commissioner of public safety,
limiting sites for the office of deputy registrar based on either the distance to
an existing deputy registrar office or the annual volume of transactions
processed by any deputy registrar, the commissioner of public safety shall
permit the deputy registrar of motor vehicles agent number 128 and driver's
license agent number 726 for Dakota County to move from the existing deputy
registrar location in Burnsville to the Dakota County Burnhaven Library in
Burnsville, with full authority to function as a registration and motor vehicle
tax collection and driver's license bureau, at the Dakota County Burnhaven
Library. All other provisions regarding
the appointment and operation of a deputy registrar of motor vehicles and
driver's license agent under sections 168.33 and 171.061, and Minnesota Rules,
chapter 7406, not inconsistent with this section, apply to the office.
EFFECTIVE DATE; LOCAL APPROVAL. This
section is effective the day after the governing body of the county of Dakota
and its chief clerical officer timely complete their compliance with section
645.021, subdivisions 2 and 3.
Sec. 61. Minnesota Statutes 2008, section 473.167,
subdivision 2a, is amended to read:
Subd. 2a. Hardship
Loans for acquisition and relocation.
(a) The council may make hardship loans to acquiring
authorities within the metropolitan area to purchase homestead property located
in a proposed state trunk highway right-of-way or project, and to provide
relocation assistance. Acquiring
authorities are authorized to accept the loans and to acquire the property. Except as provided in this subdivision, the
loans shall be made as provided in subdivision 2. Loans shall be in the amount of the fair
market value of the homestead property plus relocation costs and less salvage
value. Before construction of the
highway begins, the acquiring authority shall convey the property to the
commissioner of transportation at the same price it paid, plus relocation costs
and less its salvage value. Acquisition
and assistance under this subdivision must conform to sections 117.50 to 117.56.
(b) The
council may make hardship loans only when:
(1) the
owner of affected homestead property requests acquisition and relocation
assistance from an acquiring authority;
(2) federal
or state financial participation is not available;
(3) the
owner is unable to sell the homestead property at its appraised market value
because the property is located in a proposed state trunk highway right-of-way
or project as indicated on an official map or plat adopted under section
160.085, 394.361, or 462.359; and
(4) the
council agrees to and approves the fair market value of the homestead property,
which approval shall not be unreasonably withheld; and.
(5) the
owner of the homestead property is burdened by circumstances that constitute a
hardship, such as catastrophic medical expenses; a transfer of the homestead
owner by the owner's employer to a distant site of employment; or inability of
the owner to maintain the property due to physical or mental disability or the
permanent departure of children from the homestead.
(c) For
purposes of this subdivision, the following terms have the meanings given them.
(1) "Acquiring authority" means counties, towns, and statutory
and home rule charter cities in the metropolitan area.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12334
(2)
"Homestead property" means:
(i) a single-family dwelling occupied by the owner, and the
surrounding land, not exceeding a total of ten acres; or (ii) a manufactured
home, as defined in section 327B.01, subdivision 13.
(3)
"Salvage value" means the probable sale price of the dwelling and
other property that is severable from the land if offered for sale on the
condition that it be removed from the land at the buyer's expense, allowing a
reasonable time to find a buyer with knowledge of the possible uses of the
property, including separate use of serviceable components and scrap when there
is no other reasonable prospect of sale.
Sec. 62. Minnesota Statutes 2008, section 473.411,
subdivision 5, is amended to read:
Subd. 5. Use of
public roadways and appurtenances. The
council may use for the purposes of sections 473.405 to 473.449 upon the
conditions stated in this subdivision any state highway or other public
roadway, parkway, or lane, or any bridge or tunnel or other appurtenance of a
roadway, without payment of any compensation, provided the use does not
interfere unreasonably with the public use or maintenance of the roadway or
appurtenance or entail any substantial additional costs for maintenance. The provisions of this subdivision do not
apply to the property of any common carrier railroad or common carrier
railroads. The consent of the public
agency in charge of such state highway or other public highway or roadway or
appurtenance is not required; except that if the council seeks to use a
designated parkway for regular route service in the city of Minneapolis, it
must obtain permission from and is subject to reasonable limitations imposed by
a joint board consisting of two representatives from the council, two members
of the board of park commissioners, and a fifth member jointly selected by the representatives
of the council and the park other members of the board. If the use is a designated Minneapolis
parkway for regular route service adjacent to the city of Minneapolis, it must
obtain permission from and is subject to reasonable limitations imposed by a
joint board consisting of two representatives from the council, two members of
the board of park commissioners, and a fifth member jointly selected by other
members of the board. The joint board
must include a nonvoting member appointed by the council of the city in which
the parkway is located.
The board
of park commissioners and the council may designate persons to sit on the joint
board. In considering a request by the
council to use designated parkways for additional routes or trips, the joint
board consisting of the council or their designees, the board of park
commissioners or their designees, and the fifth member, shall base its decision
to grant or deny the request based on the criteria to be established by the
joint board. The decision to grant or
deny the request must be made within 45 days of the date of the request. The park board must be notified immediately
by the council of any temporary route detours.
If the park board objects to the temporary route detours within five
days of being notified, the joint board must convene and decide whether to
grant the request, otherwise the request is deemed granted. If the agency objects to the proposed use or
claims reimbursement from the council for additional cost of maintenance, it
may commence an action against the council in the district court of the county
wherein the highway, roadway, or appurtenance, or major portion thereof, is
located. The proceedings in the action
must conform to the Rules of Civil Procedure applicable to the district
courts. The court shall sit without
jury. If the court determines that the
use in question interferes unreasonably with the public use or maintenance of
the roadway or appurtenance, it shall enjoin the use by the council. If the court determines that the use in
question does not interfere unreasonably with the public use or maintenance of
the roadway or appurtenance, but that it entails substantial additional
maintenance costs, the court shall award judgment to the agency for the amount
of the additional costs. Otherwise the
court shall award judgment to the council.
An aggrieved party may appeal from the judgment of the district court in
the same manner as is provided for such appeals in other civil actions. The council may also use land within the
right-of-way of any state highway or other public roadway for the erection of
traffic control devices, other signs, and passenger shelters upon the
conditions stated in this subdivision and subject only to the approval of the
commissioner of transportation where required by statute, and subject to the
express provisions of other applicable statutes and to federal requirements
where necessary to qualify for federal aid.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12335
Sec. 63. Minnesota Statutes 2008, section 514.18,
subdivision 1a, is amended to read:
Subd. 1a. Towed
motor vehicles. A person who tows
and stores a motor vehicle at the request of a law enforcement officer shall have
a lien on the motor vehicle for the value of the storage and towing and the
right to retain possession of the motor vehicle until the lien is lawfully
discharged. This section does not apply
to tows authorized in section 169.041, subdivision 4, clause (1) of
vehicles parked in violation of snow emergency regulations.
Sec. 64. Laws 2008, chapter 287, article 1, section
122, is amended to read:
Sec. 122. NULLIFICATION
OF EXPEDITED TOWN ROAD EXTINGUISHMENT.
(a) Any extinguishment
of town interest in a town road under Minnesota Statutes, section 164.06,
subdivision 2, is hereby nullified if:
(1) the
interest was not recorded or filed with the county recorder but was recorded or
filed with the county auditor prior to 1972;
(2) the
state or a political subdivision has constructed or funded a road or
bridge improvement on a right-of-way affected by the interest;
(3) the
affected road was the only means of access to a property;
(4) the
extinguishment took place within the last ten years; and
(5) a person
whose only access to property was lost because of the extinguishment files a
petition of a nullification with the town board stating that the person's
property became landlocked because of the extinguishment and that the road
satisfies all of the requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
recorded with the county auditor must be attached to the petition. The town shall file the petition with the
county auditor and record it with the county recorder.
(b)
Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and
541.023, for any nullification under paragraph (a), the affected road is hereby
deemed to be a cartway. No additional
damages or other payments may be required other than those paid at the time the
fee interest was originally acquired and the order filed with the county
auditor. A cartway created by this
paragraph may be converted to a private driveway under Minnesota Statutes,
section 164.08, subdivision 2.
(c) For
purposes of this section, "affected road" means the road in which the
town board extinguished its interest.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 65. Laws 2008, chapter 350, article 1, section 5,
the effective date, is amended to read:
EFFECTIVE DATE. Paragraph
(b) and paragraph (c), clause (1), are effective the day following final
enactment and apply to any additional tax for a registration period that starts
on or after March 1, 2011 2012.
Sec. 66. Laws 2009, chapter 36, article 1, section 3,
subdivision 3, is amended to read:
Subd. 3. State
Roads
(a) Infrastructure Operations and Maintenance 251,643,000 245,892,000
The base appropriation
for fiscal years 2012 and 2013 is $257,395,000 for each year.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12336
(b) Infrastructure Investment and Planning
(1) Infrastructure Investment Support 201,461,000 196,935,000
The base
appropriation for fiscal years 2012 and 2013 is $205,988,000 for each year.
$266,000 the
first year and $266,000 the second year are available for grants to metropolitan
planning organizations outside the seven-county metropolitan area.
$75,000 the
first year and $75,000 the second year are for a transportation research
contingent account to finance research projects that are reimbursable from the
federal government or from other sources.
If the appropriation for either year is insufficient, the appropriation
for the other year is available for it.
$600,000 the
first year and $600,000 the second year are available for grants for
transportation studies outside the metropolitan area to identify critical
concerns, problems, and issues. These
grants are available (1) to regional development commissions; (2) in regions
where no regional development commission is functioning, to joint powers boards
established under agreement of two or more political subdivisions in the region
to exercise the planning functions of a regional development commission; and
(3) in regions where no regional development commission or joint powers board
is functioning, to the department's district office for that region.
$200,000 the
second year is for grants to nonprofit job training centers for: (1) job training programs related to highway
construction; and (2) business training for companies that are certified
disadvantaged business enterprises.
(2) State Road Construction 551,300,000 598,700,000
The base
appropriation for fiscal years 2012 and 2013 is $635,000,000 for each year.
It is
estimated that these appropriations will be funded as follows:
Appropriations
by Fund
Federal
Highway Aid 301,100,000 388,500,000
Highway User
Taxes 250,200,000 210,200,000
The
commissioner of transportation shall notify the chairs and ranking minority
members of the senate and house of representatives committees with jurisdiction
over transportation finance of any significant events that should cause these
estimates to change.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12337
This
appropriation is for the actual construction, reconstruction, and improvement
of trunk highways, including design-build contracts and consultant usage to
support these activities. This includes
the cost of actual payment to landowners for lands acquired for highway
rights-of-way, payment to lessees, interest subsidies, and relocation expenses.
The commissioner
may spend up to $250,000 of trunk highway funds in fiscal year 2011 to pay the
operating costs of bus service between Hastings and Minneapolis-St. Paul
to mitigate the traffic impacts of the project involving construction of a
bridge crossing the Mississippi River in the city of Hastings on marked Trunk
Highway 61.
The
commissioner shall expend up to one-half of one percent of the federal
appropriations under this paragraph as grants to opportunity industrialization
centers and other nonprofit job training centers for job training programs
related to highway construction.
The
commissioner may transfer up to $15,000,000 each year to the transportation
revolving loan fund.
The
commissioner may receive money covering other shares of the cost of partnership
projects. These receipts are
appropriated to the commissioner for these projects.
(3) Highway Debt Service 101,170,000 173,400,000
$86,517,000
the first year and $157,304,000 the second year are for transfer to the state
bond fund. If this appropriation is
insufficient to make all transfers required in the year for which it is made,
the commissioner of finance shall notify the Committee on Finance of the senate
and the Committee on Ways and Means of the house of representatives of the
amount of the deficiency and shall then transfer that amount under the
statutory open appropriation. Any excess
appropriation cancels to the trunk highway fund.
(c) Electronic Communications 5,177,000 5,177,000
Appropriations
by Fund
General 9,000 9,000
Trunk
Highway 5,168,000 5,168,000
The general
fund appropriation is to equip and operate the Roosevelt signal tower for Lake
of the Woods weather broadcasting.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12338
Sec. 67. ADDITIONAL DEPUTY REGISTRAR OF MOTOR
VEHICLES FOR CITY OF FARMINGTON.
Notwithstanding Minnesota Statutes, section 168.33, and
rules adopted by the commissioner of public safety, limiting sites for the
office of deputy registrar based on either the distance to an existing deputy
registrar office or the annual volume of transactions processed by any deputy
registrar, the commissioner of public safety shall appoint a municipal deputy
registrar of motor vehicles for the city of Farmington to operate a new
full-service Office of Deputy Registrar, with full authority to function as a
registration and motor vehicle tax collection bureau, at the city hall in the
city of Farmington. All other provisions
regarding the appointment and operation of a deputy registrar of motor vehicles
under Minnesota Statutes, section 168.33, and Minnesota Rules, chapter 7406,
apply to the office.
EFFECTIVE
DATE; LOCAL APPROVAL. This section is effective the day
after the governing body of the city of Farmington and its chief clerical
officer timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
Sec. 68. ROUNDABOUTS DESIGN.
(a) The commissioner of transportation shall, as part
of the next regular update of appropriate design and highway construction
manuals, develop specifications or standards on the design of roundabouts. The specifications or standards must include
consideration of the suitability of roundabout designs for commercial motor
vehicles, as defined in Minnesota Statutes, section 169.011, subdivision 16,
and disabled persons as defined by Minnesota Statutes, section 256.481.
(b) In developing the specifications or standards, the
commissioner shall consult with:
(1) the Minnesota Trucking Association;
(2) representatives, as identified by the
commissioner, of persons who regularly obtain oversize or overweight permits
under Minnesota Statutes, chapter 169, and are reasonably likely to travel on
routes that would include a roundabout; and
(3) the Council on Disability established under
Minnesota Statutes, section 256.482.
(c) The commissioner shall distribute the
specifications or standards, or a similar advisory guidance document, to local
road authorities.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 69. TIFIA PILOT PROGRAM.
(a) The commissioner of transportation may conduct a
pilot program to apply for and receive financial assistance under the
Transportation Infrastructure Finance and Innovation Act of 1998 (TIFIA),
United States Code, title 23, chapter 6, or through other federal
transportation loan, grant, or credit assistance programs. The assistance may include but is not limited
to loans, loan guarantees, and lines of credit.
The commissioner may enter into agreements to repay the financial
assistance subject to the availability of state money or other dedicated
revenue or resources, with the approval of Minnesota Management and Budget.
(b) The pilot program under this section is available
for one transportation project identified by the commissioner.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12339
(c) Upon completion of the transportation project
under the pilot program, the commissioner shall submit a report on the pilot
program to the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over transportation
policy and finance. At a minimum, the
report must: describe the transportation
project undertaken and each financing mechanism utilized; analyze the
effectiveness of each financing mechanism; evaluate the costs, risks, and
benefits of additional participation in federal financial assistance programs;
and provide any recommendations for related legislative changes. The report may be submitted electronically,
and is subject to Minnesota Statutes, section 3.195, subdivision 1.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 70. NORTHSTAR COMMUTER RAIL INFILL STATIONS
IN CITIES OF RAMSEY AND COON RAPIDS.
The Metropolitan Council shall consider designating
Northstar commuter rail stations at the city of Ramsey in the vicinity of the
city of Ramsey Municipal Center and in the city of Coon Rapids at Foley
Boulevard.
Sec. 71. REPORT ON FINANCING OF BRIDGE
CONSTRUCTION.
By January 15, 2011, the commissioner of
transportation shall report to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance
on the feasibility of utilizing any potential value capture options or potential
public-private partnerships, which may include charging tolls, for construction
of a new bridge over the St. Croix River at or near Stillwater. The report must be submitted electronically.
Sec. 72. COMPLETE STREETS REPORTS.
The commissioner of transportation shall submit to the
chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over transportation policy and finance reports
that:
(1) by January 15, 2011, summarize the department's
complete streets initiatives, summarize steps taken to expedite and improve the
transparency of the state-aid variance process related to complete streets,
outline plans to develop and implement a complete streets policy, and identify
any statutory barriers to complete streets implementation;
(2) by January 15, 2012, summarize the results of the
collaboration under Minnesota Statutes, section 174.75, subdivision 3; identify
modifications made to or recommended for protocols, guidance, standards, or
other requirements to facilitate complete streets implementation; report status
of development of complete streets performance indicators; outline other work
planned related to the complete streets policy; and identify statutory
recommendations to facilitate complete streets policy implementation; and
(3) by January 15, 2014, overview the department's
implementation of complete streets policy; note updates to protocols, guidance,
standards, or requirements; identify any recommendations for supporting local
complete streets implementation under the state-aid standards variance process;
and identify statutory recommendations to facilitate complete streets policy
implementation.
The reports in clauses (1), (2), and (3) must be made
available electronically and made available in print only upon request.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12340
Sec. 73. RULEMAKING EXCEPTION.
The actions of the commissioner of public safety in
establishing physical qualifications for type III vehicle drivers are not
rulemaking for purposes of Minnesota Statutes, chapter 14, are not subject to
the Administrative Procedure Act contained in Minnesota Statutes, chapter 14,
and are not subject to Minnesota Statutes, section 14.386.
Sec. 74. REPEALER.
Minnesota Statutes 2008, section 169.041, subdivisions
3 and 4, are repealed."
Delete the title and insert:
"A bill for an act relating to transportation;
modifying or adding provisions relating to school bus transportation,
transportation construction impacts on business, rest areas, highways, bridges,
transportation contracts, variances from rules and engineering standards for
local streets and highways, tax-exempt vehicles, license plates, deputy
registrars, impounds, towing, quick clearance of highway obstructions,
pedestrians, intersection gridlock, bus and type III vehicle operation, various
traffic regulations, cargo tank vehicle weight exemptions, drivers' licenses,
transportation department goals and mission, the Disadvantaged Business
Enterprise Collaborative, transit, a Minnesota Council of Transportation
Access, complete streets, a Commuter Rail Corridor Coordinating Committee,
railroad track safety, motor carriers, allocation of traffic fines, airport
authorities, property acquisition for highways, town road interest
extinguishment nullification, Northstar commuter rail, roundabouts design, and
a pilot program to obtain federal assistance for transportation projects;
providing for bus service during Hastings bridge construction; requiring
reports; making technical and clarifying changes; appropriating money; amending
Minnesota Statutes 2008, sections 161.14, by adding subdivisions; 161.3426,
subdivision 3, by adding a subdivision; 162.02, subdivision 3a; 162.09,
subdivision 3a; 165.14, subdivisions 4, 5; 168.002, by adding a subdivision;
168.12, subdivision 2a; 168.123, subdivisions 1, 2, by adding a subdivision;
168.1255, subdivision 1; 168.1293; 168.33, subdivision 2; 168B.06, subdivision
1; 168B.07, subdivision 3; 169.041, subdivision 5, by adding a subdivision;
169.15; 169.26, by adding a subdivision; 169.306; 169.79, subdivision 3;
169.87, by adding a subdivision; 171.321, subdivision 2; 174.01, subdivisions
1, 2; 174.02, subdivision 1a; 174.22, by adding a subdivision; 174.23,
subdivisions 1, 2; 174.24, subdivisions 2, 3b, by adding a subdivision;
174.247; 174.86, subdivision 5; 219.01; 221.012, subdivision 38, by adding a
subdivision; 360.061, subdivision 3; 473.167, subdivision 2a; 473.411,
subdivision 5; 514.18, subdivision 1a; Minnesota Statutes 2009 Supplement,
sections 123B.92, subdivision 1; 160.165; 161.14, subdivision 62; 168.012,
subdivision 1; 168.12, subdivision 5; 169.71, subdivision 1; 171.02,
subdivision 2b; 174.24, subdivisions 1a, 5; 299D.03, subdivision 5; Laws 2008,
chapter 287, article 1, section 122; Laws 2008, chapter 350, article 1, section
5; Laws 2009, chapter 36, article 1, section 3, subdivision 3; proposing coding
for new law in Minnesota Statutes, chapters 160; 174; 221; 383D; repealing
Minnesota Statutes 2008, section 169.041, subdivisions 3, 4."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Steve
Murphy, D. Scott Dibble, Michael Jungbauer, Kathy Saltzman and Katie Sieben.
House Conferees: Frank
Hornstein, Melissa Hortman, Terry Morrow, Bernard Lieder and Dean Urdahl.
Hornstein moved that the report of the
Conference Committee on S. F. No. 2540 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12341
S. F. No. 2540,
A bill for an act relating to transportation; modifying or adding provisions
relating to truck insurance, school bus transportation, transportation
construction impacts on business, rest areas, highways, bridges, transportation
contracts, variances from rules and engineering standards for local streets and
highways, the state park road account, tax-exempt vehicles, license plates,
deputy registrars, vehicles and drivers, impounds, towing, pedestrians,
intersection gridlock, bus and type III vehicle operation, various traffic
regulations, cargo tank vehicle weight exemptions, drivers' licenses,
transportation department goals and mission, the Disadvantaged Business Enterprise
Collaborative, a Minnesota Council of Transportation Access, complete streets,
a Commuter Rail Corridor Coordinating Committee, railroad track safety, motor
carriers, allocation of traffic fines, airport authorities, property
acquisition for highways, transit, town road interest extinguishment
nullification, Northstar commuter rail, and roundabouts design; providing for
State Patrol tax compliance and vehicle crimes investigations; providing for
issuance and sale of trunk highway bonds; requiring reports; making technical
and clarifying changes; appropriating money; amending Minnesota Statutes 2008,
sections 65B.43, subdivision 2; 161.14, by adding subdivisions; 161.3426,
subdivision 3, by adding a subdivision; 162.02, subdivision 3a; 162.09, subdivision
3a; 165.14, subdivisions 4, 5; 168.12, subdivisions 2a, 2b, by adding a
subdivision; 168.123, subdivisions 1, 2; 168.1255, subdivision 1; 168.1291,
subdivisions 1, 2; 168.33, subdivision 2; 168B.04, subdivision 2; 168B.06,
subdivision 1; 168B.07, subdivision 3; 169.041, subdivision 5; 169.09,
subdivision 5a; 169.15; 169.26, by adding a subdivision; 169.306; 169.79,
subdivision 3; 169.87, by adding a subdivision; 169.92, subdivision 4; 171.321,
subdivision 2; 174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.86,
subdivision 5; 219.01; 221.012, subdivision 38, by adding a subdivision;
221.0252, subdivision 7; 221.036, subdivisions 1, 3; 221.221, subdivision 3;
221.251, subdivision 1; 360.061, subdivision 3; 473.167, subdivision 2a;
473.411, subdivision 5; 514.18, subdivision 1a; Minnesota Statutes 2009
Supplement, sections 123B.92, subdivision 1; 160.165; 161.14, subdivision 62;
162.06, subdivision 5; 168.012, subdivision 1; 168.12, subdivision 5; 169.71,
subdivision 1; 169.865, subdivision 1; 171.02, subdivision 2b; 174.66; 221.026,
subdivision 2; 221.031, subdivision 1; 221.122, subdivision 1; 299D.03,
subdivision 5; Laws 2008, chapter 287, article 1, section 122; Laws 2009,
chapter 36, article 1, sections 1; 3, subdivisions 1, 2, 3; 5, subdivisions 1,
3, 4; proposing coding for new law in Minnesota Statutes, chapters 160; 168;
174; 221; 383D; repealing Minnesota Statutes 2008, sections 169.041,
subdivisions 3, 4; 221.161, subdivisions 2, 3; 221.291, subdivision 5;
Minnesota Statutes 2009 Supplement, sections 221.161, subdivisions 1, 4;
221.171; Minnesota Rules, parts 7805.0300; 7805.0400.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 109 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12342
Those who
voted in the negative were:
Anderson, B.
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Emmer
Gunther
Hackbarth
Hoppe
Kelly
Kiffmeyer
Kohls
Mack
Peppin
Sanders
Scott
Seifert
Severson
Westrom
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Abeler was excused between the hours of
2:35 p.m. and 3:10 p.m.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 2933.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2933
A bill for an
act relating to human services; making changes to continuing care policy and
technical provisions; amending Minnesota Statutes 2008, sections 245A.03, by
adding a subdivision; 626.557, subdivision 9a; Minnesota Statutes 2009
Supplement, sections 144.0724, subdivision 11; 256B.0625, subdivision 19c;
256B.0651, by adding a subdivision; 256B.0652, subdivision 6; 256B.0659,
subdivisions 4, 10, 11, 13, 21, 30, by adding a subdivision; 256B.0911,
subdivision 2b.
May 10,
2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2933 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 2933 be
further amended as follows:
Delete
everything after the enacting clause and insert:
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12343
"ARTICLE 1
CONTINUING CARE POLICY
Section 1. Minnesota Statutes 2009 Supplement, section
144.0724, subdivision 11, is amended to read:
Subd. 11. Nursing
facility level of care. (a) For purposes
of medical assistance payment of long-term care services, a recipient must be
determined, using assessments defined in subdivision 4, to meet one of the
following nursing facility level of care criteria:
(1) the person requires
formal clinical monitoring at least once per day;
(1) (2) the person needs
the assistance of another person or constant supervision to begin and complete
at least four of the following activities of living: bathing, bed mobility, dressing, eating,
grooming, toileting, transferring, and walking;
(2) (3) the person needs
the assistance of another person or constant supervision to begin and complete
toileting, transferring, or positioning and the assistance cannot be scheduled;
(3) (4) the person has
significant difficulty with memory, using information, daily decision making,
or behavioral needs that require intervention;
(4) (5) the person has
had a qualifying nursing facility stay of at least 90 days;
(6) the person meets the
nursing facility level of care criteria determined 90 days after admission or
on the first quarterly assessment after admission, whichever is later; or
(5) (7) the person is
determined to be at risk for nursing facility admission or readmission through
a face-to-face long-term care consultation assessment as specified in section
256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or managed care
organization under contract with the Department of Human Services. The person is considered at risk under this clause
if the person currently lives alone or will live alone upon discharge and also
meets one of the following criteria:
(i) the person has
experienced a fall resulting in a fracture;
(ii) the person has been
determined to be at risk of maltreatment or neglect, including self-neglect; or
(iii) the person has a
sensory impairment that substantially impacts functional ability and
maintenance of a community residence.
(b) The assessment used to
establish medical assistance payment for nursing facility services must be the
most recent assessment performed under subdivision 4, paragraph (b), that
occurred no more than 90 calendar days before the effective date of medical
assistance eligibility for payment of long-term care services. In no case shall medical assistance payment
for long-term care services occur prior to the date of the determination of
nursing facility level of care.
(c) The assessment used to
establish medical assistance payment for long-term care services provided under
sections 256B.0915 and 256B.49 and alternative care payment for services
provided under section 256B.0913 must be the most recent face-to-face
assessment performed under section 256B.0911, subdivision 3a, 3b, or 4d, that
occurred no more than 60 calendar days before the effective date of medical
assistance eligibility for payment of long-term care services.
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of Page 12344
Sec. 2. Minnesota Statutes 2008, section 144A.071,
subdivision 4b, is amended to read:
Subd. 4b. Licensed
beds on layaway status. A licensed
and certified nursing facility may lay away, upon prior written notice to the
commissioner of health, up to 50 percent of its licensed and certified
beds. A nursing facility may not
discharge a resident in order to lay away a bed. Notice to the commissioner shall be given 60
days prior to the effective date of the layaway. Beds on layaway shall have the same status as
voluntarily delicensed and decertified beds and shall not be subject to license
fees and license surcharge fees. In
addition, beds on layaway may be removed from layaway at any time on or after
one year after the effective date of layaway in the facility of origin, with a
60-day notice to the commissioner. A
nursing facility that removes beds from layaway may not place beds on layaway
status for one year after the effective date of the removal from layaway. The commissioner may approve the immediate
removal of beds from layaway if necessary to provide access to those nursing
home beds to residents relocated from other nursing homes due to emergency
situations or closure. In the event
approval is granted, the one-year restriction on placing beds on layaway after
a removal of beds from layaway shall not apply.
Beds may remain on layaway for up to five ten years. The commissioner may approve placing and
removing beds on layaway at any time during renovation or construction related
to a moratorium project approved under this section or section 144A.073. Nursing facilities are not required to
comply with any licensure or certification requirements for beds on layaway
status.
Sec. 3. Minnesota Statutes 2008, section 144A.161,
subdivision 1a, is amended to read:
Subd. 1a. Scope. Where a facility is undertaking closure,
curtailment, reduction, or change in operations, or where a housing with
services unit registered under chapter 144D is closed because the space that it
occupies is being replaced by a nursing facility bed that is being reactivated
from layaway status, the facility and the county social services agency
must comply with the requirements of this section.
Sec. 4. Minnesota Statutes 2009 Supplement, section
245A.03, subdivision 7, is amended to read:
Subd. 7. Licensing
moratorium. (a) The commissioner
shall not issue an initial license for child foster care licensed under
Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed under
Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a
physical location that will not be the primary residence of the license holder
for the entire period of licensure. If a
license is issued during this moratorium, and the license holder changes the
license holder's primary residence away from the physical location of the
foster care license, the commissioner shall revoke the license according to
section 245A.07. Exceptions to the
moratorium include:
(1) foster
care settings that are required to be registered under chapter 144D;
(2) foster
care licenses replacing foster care licenses in existence on May 15, 2009, and
determined to be needed by the commissioner under paragraph (b);
(3) new
foster care licenses determined to be needed by the commissioner under
paragraph (b) for the closure of a nursing facility, ICF/MR, or regional
treatment center;
(4) new
foster care licenses determined to be needed by the commissioner under
paragraph (b) for persons requiring hospital level care; or
(5) new
foster care licenses determined to be needed by the commissioner for the
transition of people from personal care assistance to the home and
community-based services.
(b) The
commissioner shall determine the need for newly licensed foster care homes as
defined under this subdivision. As part
of the determination, the commissioner shall consider the availability of
foster care capacity in the area in which the licensee seeks to operate, and
the recommendation of the local county board.
The determination by the commissioner must be final. A determination of need is not required for a
change in ownership at the same address.
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(c)
Residential settings that would otherwise be subject to the moratorium
established in paragraph (a), that are in the process of receiving an adult or
child foster care license as of July 1, 2009, shall be allowed to continue to
complete the process of receiving an adult or child foster care license. For this paragraph, all of the following
conditions must be met to be considered in the process of receiving an adult or
child foster care license:
(1)
participants have made decisions to move into the residential setting,
including documentation in each participant's care plan;
(2) the
provider has purchased housing or has made a financial investment in the
property;
(3) the
lead agency has approved the plans, including costs for the residential setting
for each individual;
(4) the
completion of the licensing process, including all necessary inspections, is
the only remaining component prior to being able to provide services; and
(5) the
needs of the individuals cannot be met within the existing capacity in that
county.
To qualify
for the process under this paragraph, the lead agency must submit documentation
to the commissioner by August 1, 2009, that all of the above criteria are met.
(d) The
commissioner shall study the effects of the license moratorium under this
subdivision and shall report back to the legislature by January 15, 2011. This study shall include, but is not
limited to the following:
(1) the
overall capacity and utilization of foster care beds where the physical
location is not the primary residence of the license holder prior to and after
implementation of the moratorium;
(2) the
overall capacity and utilization of foster care beds where the physical
location is the primary residence of the license holder prior to and after
implementation of the moratorium; and
(3) the number
of licensed and occupied ICF/MR beds prior to and after implementation of the
moratorium.
Sec. 5. Minnesota Statutes 2008, section 245A.03, is
amended by adding a subdivision to read:
Subd. 9. Permitted
services by an individual who is related. Notwithstanding subdivision 2,
paragraph (a), clause (1), and subdivision 7, an individual who is related to a
person receiving supported living services may provide licensed services to
that person if:
(1) the
person who receives supported living services received these services in a
residential site on July 1, 2005;
(2) the
services under clause (1) were provided in a corporate foster care setting for
adults and were funded by the developmental disabilities home and
community-based services waiver defined in section 256B.092;
(3) the
individual who is related obtains and maintains both a license under chapter
245B and an adult foster care license under Minnesota Rules, parts 9555.5105 to
9555.6265; and
(4) the
individual who is related is not the guardian of the person receiving supported
living services.
EFFECTIVE DATE. This
section is effective the day following final enactment.
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of Page 12346
Sec. 6. Minnesota Statutes 2009 Supplement, section
245A.11, subdivision 7b, is amended to read:
Subd. 7b. Adult
foster care data privacy and security. (a)
An adult foster care license holder who creates, collects, records, maintains,
stores, or discloses any individually identifiable recipient data, whether in
an electronic or any other format, must comply with the privacy and security
provisions of applicable privacy laws and regulations, including:
(1) the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA),
Public Law 104-1; and the HIPAA Privacy Rule, Code of Federal Regulations,
title 45, part 160, and subparts A and E of part 164; and
(2) the Minnesota
Government Data Practices Act as codified in chapter 13.
(b) For
purposes of licensure, the license holder shall be monitored for compliance
with the following data privacy and security provisions:
(1) the
license holder must control access to data on foster care recipients according
to the definitions of public and private data on individuals under section
13.02; classification of the data on individuals as private under section
13.46, subdivision 2; and control over the collection, storage, use, access,
protection, and contracting related to data according to section 13.05, in
which the license holder is assigned the duties of a government entity;
(2) the
license holder must provide each foster care recipient with a notice that meets
the requirements under section 13.04, in which the license holder is assigned
the duties of the government entity, and that meets the requirements of Code of
Federal Regulations, title 45, part 164.52.
The notice shall describe the purpose for collection of the data, and to
whom and why it may be disclosed pursuant to law. The notice must inform the recipient that the
license holder uses electronic monitoring and, if applicable, that recording
technology is used;
(3) the
license holder must not install monitoring cameras in bathrooms;
(4)
electronic monitoring cameras must not be concealed from the foster care
recipients; and
(5)
electronic video and audio recordings of foster care recipients shall not
be stored by the license holder for more than five days unless: (i) a foster care recipient or legal
representative requests that the recording be held longer based on a specific
report of alleged maltreatment; or (ii) the recording captures an incident or
event of alleged maltreatment under section 626.556 or 626.557 or a crime under
chapter 609. When requested by a
recipient or when a recording captures an incident or event of alleged
maltreatment or a crime, the license holder must maintain the recording in a
secured area for no longer than 30 days to give the investigating agency an
opportunity to make a copy of the recording.
The investigating agency will maintain the electronic video or audio
recordings as required in section 626.557, subdivision 12b.
(c) The
commissioner shall develop, and make available to license holders and county
licensing workers, a checklist of the data privacy provisions to be monitored
for purposes of licensure.
Sec. 7. Minnesota Statutes 2009 Supplement, section
256B.0625, subdivision 19c, is amended to read:
Subd. 19c. Personal
care. Medical assistance covers
personal care assistance services provided by an individual who is qualified to
provide the services according to subdivision 19a and sections 256B.0651 to
256B.0656, provided in accordance with a plan, and supervised by a qualified
professional.
"Qualified
professional" means a mental health professional as defined in section
245.462, subdivision 18, or 245.4871, subdivision 27; or a registered nurse as
defined in sections 148.171 to 148.285, a licensed social worker as defined in section
148B.21 sections 148D.010 and 148D.055, or a qualified developmental
disabilities specialist under section 245B.07, subdivision 4. The qualified professional shall perform the
duties required in section 256B.0659.
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Sec. 8. Minnesota Statutes 2009 Supplement, section
256B.0651, is amended by adding a subdivision to read:
Subd. 17. Recipient
protection. (a) Providers of
home care services must provide each recipient with a copy of the home care
bill of rights under section 144A.44 at least 30 days prior to terminating
services to a recipient, if the termination results from provider sanctions
under section 256B.064, such as a payment withhold, a suspension of
participation, or a termination of participation. If a home care provider determines it is
unable to continue providing services to a recipient, the provider must notify
the recipient, the recipient's responsible party, and the commissioner 30 days
prior to terminating services to the recipient because of an action under
section 256B.064, and must assist the commissioner and lead agency in
supporting the recipient in transitioning to another home care provider of the
recipient's choice.
(b) In the
event of a payment withhold from a home care provider, a suspension of
participation, or a termination of participation of a home care provider under
section 256B.064, the commissioner may inform the Office of Ombudsman for
Long-Term Care and the lead agencies for all recipients with active service
agreements with the provider. At the
commissioner's request, the lead agencies must contact recipients to ensure
that the recipients are continuing to receive needed care, and that the
recipients have been given free choice of provider if they transfer to another
home care provider. In addition, the
commissioner or the commissioner's delegate may directly notify recipients who
receive care from the provider that payments have been withheld or that the
provider's participation in medical assistance has been suspended or
terminated, if the commissioner determines that notification is necessary to
protect the welfare of the recipients.
For purposes of this subdivision, "lead agencies" means
counties, tribes, and managed care organizations.
Sec. 9. Minnesota Statutes 2009 Supplement, section
256B.0652, subdivision 6, is amended to read:
Subd. 6. Authorization;
personal care assistance and qualified professional. (a) All personal care assistance
services, supervision by a qualified professional, and additional services
beyond the limits established in subdivision 11, must be authorized by the
commissioner or the commissioner's designee before services begin except for
the assessments established in subdivision 11 and section 256B.0911. The authorization for personal care
assistance and qualified professional services under section 256B.0659 must be
completed within 30 days after receiving a complete request.
(b) The
amount of personal care assistance services authorized must be based on the
recipient's home care rating. The home
care rating shall be determined by the commissioner or the commissioner's
designee based on information submitted to the commissioner identifying the
following:
(1) total
number of dependencies of activities of daily living as defined in section
256B.0659;
(2) number
presence of complex health-related needs as defined in section
256B.0659; and
(3) number
presence of Level I behavior descriptions as defined in
section 256B.0659.
(c) The
methodology to determine total time for personal care assistance services for
each home care rating is based on the median paid units per day for each home
care rating from fiscal year 2007 data for the personal care assistance
program. Each home care rating has a
base level of hours assigned. Additional
time is added through the assessment and identification of the following:
(1) 30
additional minutes per day for a dependency in each critical activity of daily
living as defined in section 256B.0659;
(2) 30
additional minutes per day for each complex health-related function as defined
in section 256B.0659; and
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of Page 12348
(3) 30
additional minutes per day for each behavior issue as defined in section
256B.0659, subdivision 4, paragraph (d).
(d) A limit of
96 units of qualified professional supervision may be authorized for each
recipient receiving personal care assistance services. A request to the commissioner to exceed this
total in a calendar year must be requested by the personal care provider agency
on a form approved by the commissioner.
Sec. 10. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 10, is amended to read:
Subd. 10. Responsible
party; duties; delegation. (a) A
responsible party shall enter into a written agreement with a personal care
assistance provider agency, on a form determined by the commissioner, to
perform the following duties:
(1) be
available while care is provided in a method agreed upon by the individual or
the individual's legal representative and documented in the recipient's
personal care assistance care plan;
(2) monitor
personal care assistance services to ensure the recipient's personal care
assistance care plan is being followed; and
(3) review
and sign personal care assistance time sheets after services are provided to
provide verification of the personal care assistance services.
Failure to
provide the support required by the recipient must result in a referral to the
county common entry point.
(b)
Responsible parties who are parents of minors or guardians of minors or
incapacitated persons may delegate the responsibility to another adult who is
not the personal care assistant during a temporary absence of at least 24 hours
but not more than six months. The person
delegated as a responsible party must be able to meet the definition of the
responsible party. The responsible party
must ensure that the delegate performs the functions of the responsible party,
is identified at the time of the assessment, and is listed on the personal care
assistance care plan. The responsible
party must communicate to the personal care assistance provider agency about
the need for a delegate delegated responsible party, including
the name of the delegated responsible party, dates the delegated responsible
party will be living with the recipient, and contact numbers.
Sec. 11. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 11, is amended to read:
Subd. 11. Personal
care assistant; requirements. (a) A
personal care assistant must meet the following requirements:
(1) be at
least 18 years of age with the exception of persons who are 16 or 17 years of
age with these additional requirements:
(i)
supervision by a qualified professional every 60 days; and
(ii) employment
by only one personal care assistance provider agency responsible for compliance
with current labor laws;
(2) be
employed by a personal care assistance provider agency;
(3) enroll
with the department as a personal care assistant after clearing a background
study. Except as provided in
subdivision 11a, before a personal care assistant provides services, the
personal care assistance provider agency must initiate a background study on the
personal care assistant under chapter 245C, and the personal care assistance
provider agency must have received a notice from the commissioner that the
personal care assistant is:
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12349
(i) not
disqualified under section 245C.14; or
(ii) is
disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;
(4) be able
to effectively communicate with the recipient and personal care assistance
provider agency;
(5) be able
to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to
recipient needs, and report changes in the recipient's condition to the
supervising qualified professional or physician;
(6) not be
a consumer of personal care assistance services;
(7)
maintain daily written records including, but not limited to, time sheets under
subdivision 12;
(8)
effective January 1, 2010, complete standardized training as determined by the
commissioner before completing enrollment.
Personal care assistant training must include successful completion of
the following training components: basic
first aid, vulnerable adult, child maltreatment, OSHA universal precautions,
basic roles and responsibilities of personal care assistants including
information about assistance with lifting and transfers for recipients,
emergency preparedness, orientation to positive behavioral practices, fraud
issues, and completion of time sheets.
Upon completion of the training components, the personal care assistant
must demonstrate the competency to provide assistance to recipients;
(9)
complete training and orientation on the needs of the recipient within the
first seven days after the services begin; and
(10) be
limited to providing and being paid for up to 310 hours per month of personal care
assistance services regardless of the number of recipients being served or the
number of personal care assistance provider agencies enrolled with.
(b) A legal
guardian may be a personal care assistant if the guardian is not being paid for
the guardian services and meets the criteria for personal care assistants in
paragraph (a).
(c)
Effective January 1, 2010, persons who do not qualify as a personal care
assistant include parents and stepparents of minors, spouses, paid legal
guardians, family foster care providers, except as otherwise allowed in section
256B.0625, subdivision 19a, or staff of a residential setting.
EFFECTIVE DATE. This
section is effective retroactively from July 1, 2009.
Sec. 12. Minnesota Statutes 2009 Supplement, section
256B.0659, is amended by adding a subdivision to read:
Subd. 11a. Exception
to personal care assistant; requirements.
The personal care assistant for a recipient may be allowed to
enroll with a different personal care assistant provider agency upon initiation
of a new background study according to chapter 245C, if all of the following
are met:
(1) the
commissioner determines that a change in enrollment or affiliation of the
personal care assistant is needed in order to ensure continuity of services and
protect the health and safety of the recipient;
(2) the
chosen agency has been continuously enrolled as a personal care assistance
provider agency for at least two years;
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(3) the
recipient chooses to transfer to the personal care assistance provider agency;
(4) the
personal care assistant has been continuously enrolled with the former personal
care assistance provider agency since the last background study was completed;
and
(5) the
personal care assistant continues to meet requirements of subdivision 11,
excluding paragraph (a), clause (3).
EFFECTIVE DATE. This section
is effective retroactively from July 1, 2009.
Sec. 13. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 13, is amended to read:
Subd. 13. Qualified
professional; qualifications. (a)
The qualified professional must be employed by work for a
personal care assistance provider agency and meet the definition under section
256B.0625, subdivision 19c. Before a
qualified professional provides services, the personal care assistance provider
agency must initiate a background study on the qualified professional under
chapter 245C, and the personal care assistance provider agency must have
received a notice from the commissioner that the qualified professional:
(1) is not
disqualified under section 245C.14; or
(2) is
disqualified, but the qualified professional has received a set aside of the
disqualification under section 245C.22.
(b) The
qualified professional shall perform the duties of training, supervision, and
evaluation of the personal care assistance staff and evaluation of the effectiveness
of personal care assistance services.
The qualified professional shall:
(1) develop
and monitor with the recipient a personal care assistance care plan based on
the service plan and individualized needs of the recipient;
(2) develop
and monitor with the recipient a monthly plan for the use of personal care
assistance services;
(3) review
documentation of personal care assistance services provided;
(4) provide
training and ensure competency for the personal care assistant in the
individual needs of the recipient; and
(5) document
all training, communication, evaluations, and needed actions to improve
performance of the personal care assistants.
(c)
Effective January 1, 2010, the qualified professional shall complete the
provider training with basic information about the personal care assistance
program approved by the commissioner within six months of the date hired by a
personal care assistance provider agency.
Qualified professionals who have completed the required trainings
training as an employee with a worker from a personal care
assistance provider agency do not need to repeat the required trainings training
if they are hired by another agency, if they have completed the training within
the last three years.
Sec. 14. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 21, is amended to read:
Subd. 21. Requirements
for initial enrollment of personal care assistance provider agencies. (a) All personal care assistance provider
agencies must provide, at the time of enrollment as a personal care assistance
provider agency in a format determined by the commissioner, information and
documentation that includes, but is not limited to, the following:
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(1) the
personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;
(2) proof of
surety bond coverage in the amount of $50,000 or ten percent of the provider's
payments from Medicaid in the previous year, whichever is less;
(3) proof of
fidelity bond coverage in the amount of $20,000;
(4) proof of
workers' compensation insurance coverage;
(5) proof of
liability insurance;
(5) (6)
a description of the personal care assistance provider agency's organization
identifying the names of all owners, managing employees, staff, board of
directors, and the affiliations of the directors, owners, or staff to other
service providers;
(6) (7)
a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of
employees; training requirements; service delivery; and employee and consumer
safety including process for notification and resolution of consumer
grievances, identification and prevention of communicable diseases, and
employee misconduct;
(7) (8)
copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:
(i) a copy
of the personal care assistance provider agency's time sheet if the time sheet
varies from the standard time sheet for personal care assistance services
approved by the commissioner, and a letter requesting approval of the personal
care assistance provider agency's nonstandard time sheet;
(ii) the
personal care assistance provider agency's template for the personal care
assistance care plan; and
(iii) the
personal care assistance provider agency's template for the written agreement
in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;
(8) (9)
a list of all trainings training and classes that the personal care
assistance provider agency requires of its staff providing personal care
assistance services;
(9) (10)
documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section;
(10) (11)
documentation of the agency's marketing practices;
(11) (12)
disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services; and
(12) (13)
documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance
services for employee personal care assistant wages and benefits: 72.5 percent of revenue in the personal care
assistance choice option and 72.5 percent of revenue from other personal care
assistance providers.
(b) Personal
care assistance provider agencies shall provide the information specified in
paragraph (a) to the commissioner at the time the personal care assistance
provider agency enrolls as a vendor or upon request from the commissioner. The commissioner shall collect the
information specified in paragraph (a) from all personal care assistance
providers beginning July 1, 2009.
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(c) All
personal care assistance provider agencies shall complete mandatory training as
determined by the commissioner before enrollment as a provider. Personal care assistance provider agencies
are required to send all owners, qualified professionals employed by the
agency, and all other managing employees to the initial and subsequent trainings
training. Personal care
assistance provider agency billing staff shall complete training about personal
care assistance program financial management.
This training is effective July 1, 2009.
Any personal care assistance provider agency enrolled before that date
shall, if it has not already, complete the provider training within 18 months
of July 1, 2009. Any new owners, new
qualified professionals, and new managing employees are required to complete
mandatory training as a requisite of hiring.
Sec. 15. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 30, is amended to read:
Subd. 30. Notice
of service changes to recipients. The
commissioner must provide:
(1) by
October 31, 2009, information to recipients likely to be affected that (i)
describes the changes to the personal care assistance program that may result
in the loss of access to personal care assistance services, and (ii) includes
resources to obtain further information; and
(2) notice
of changes in medical assistance home care personal care assistant
services to each affected recipient at least 30 days before the effective date
of the change.
The notice
shall include how to get further information on the changes, how to get help to
obtain other services, a list of community resources, and appeal rights. Notwithstanding section 256.045, a recipient
may request continued services pending appeal within the time period allowed to
request an appeal.
Sec. 16. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 1a, is amended to read:
Subd. 1a. Definitions. For purposes of this section, the
following definitions apply:
(a)
"Long-term care consultation services" means:
(1)
assistance in identifying services needed to maintain an individual in the most
inclusive environment;
(2)
providing recommendations on cost-effective community services that are
available to the individual;
(3)
development of an individual's person-centered community support plan;
(4)
providing information regarding eligibility for Minnesota health care programs;
(5) face-to-face
long-term care consultation assessments, which may be completed in a hospital,
nursing facility, intermediate care facility for persons with developmental
disabilities (ICF/DDs), regional treatment centers, or the person's current or
planned residence;
(6)
federally mandated screening to determine the need for a institutional level of
care under section 256B.0911, subdivision 4, paragraph (a);
(7)
determination of home and community-based waiver service eligibility including
level of care determination for individuals who need an institutional level of
care as defined under section 144.0724, subdivision 11, or 256B.092, service
eligibility including state plan home care services identified in section
sections 256B.0625, subdivisions 6, 7, and 19, paragraphs (a) and (c), and
256B.0657, based on assessment and support plan development with
appropriate referrals, including the option for consumer-directed community
supports;
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(8) providing
recommendations for nursing facility placement when there are no cost-effective
community services available; and
(9) assistance to transition
people back to community settings after facility admission.
(b) "Long-term care
options counseling" means the services provided by the linkage lines as
mandated by sections 256.01 and 256.975, subdivision 7, and also includes telephone
assistance and follow up once a long-term care consultation assessment has been
completed.
(c) "Minnesota health
care programs" means the medical assistance program under chapter 256B and
the alternative care program under section 256B.0913.
(d) "Lead
agencies" means counties or a collaboration of counties, tribes, and
health plans administering long-term care consultation assessment and support
planning services.
Sec. 17. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 2b, is amended to read:
Subd. 2b. Certified
assessors. (a) Beginning January 1,
2011, each lead agency shall use certified assessors who have completed
training and the certification processes determined by the commissioner in
subdivision 2c. Certified assessors
shall demonstrate best practices in assessment and support planning including
person-centered planning principals and have a common set of skills that must
ensure consistency and equitable access to services statewide. Assessors must be part of a multidisciplinary
team of professionals that includes public health nurses, social workers, and
other professionals as defined in paragraph (b). For persons with complex health care needs, a
public health nurse or registered nurse from a multidisciplinary team must be
consulted. A lead agency may choose,
according to departmental policies, to contract with a qualified, certified
assessor to conduct assessments and reassessments on behalf of the lead agency.
(b) Certified assessors are
persons with a minimum of a bachelor's degree in social work, nursing with a
public health nursing certificate, or other closely related field with at least
one year of home and community-based experience or a two-year registered nursing
degree with at least three years of home and community-based experience that
have received training and certification specific to assessment and
consultation for long-term care services in the state.
Sec. 18. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 3a, is amended to read:
Subd. 3a. Assessment
and support planning. (a) Persons
requesting assessment, services planning, or other assistance intended to
support community-based living, including persons who need assessment in order
to determine waiver or alternative care program eligibility, must be visited by
a long-term care consultation team within 15 calendar days after the date on
which an assessment was requested or recommended. After January 1, 2011, these
requirements also apply to personal care assistance services, private duty
nursing, and home health agency services, on timelines established in
subdivision 5. Face-to-face assessments
must be conducted according to paragraphs (b) to (i).
(b) The county may utilize a
team of either the social worker or public health nurse, or both. After January 1, 2011, lead
agencies shall use certified assessors to conduct the assessment in a
face-to-face interview. The consultation
team members must confer regarding the most appropriate care for each
individual screened or assessed.
(c) The assessment must be
comprehensive and include a person-centered assessment of the health,
psychological, functional, environmental, and social needs of referred
individuals and provide information necessary to develop a support plan that
meets the consumers needs, using an assessment form provided by the
commissioner.
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(d) The
assessment must be conducted in a face-to-face interview with the person being
assessed and the person's legal representative, as required by legally executed
documents, and other individuals as requested by the person, who can provide
information on the needs, strengths, and preferences of the person necessary to
develop a support plan that ensures the person's health and safety, but who is
not a provider of service or has any financial interest in the provision of
services.
(e) The
person, or the person's legal representative, must be provided with written
recommendations for community-based services, including consumer-directed
options, or institutional care that include documentation that the most
cost-effective alternatives available were offered to the individual. For purposes of this requirement,
"cost-effective alternatives" means community services and living
arrangements that cost the same as or less than institutional care.
(f) If the
person chooses to use community-based services, the person or the person's
legal representative must be provided with a written community support plan,
regardless of whether the individual is eligible for Minnesota health care
programs. A person may request
assistance in identifying community supports without participating in a
complete assessment. Upon a request for
assistance identifying community support, the person must be transferred or
referred to the services available under sections 256.975, subdivision 7, and
256.01, subdivision 24, for telephone assistance and follow up.
(g) The
person has the right to make the final decision between institutional placement
and community placement after the recommendations have been provided, except as
provided in subdivision 4a, paragraph (c).
(h) The
team must give the person receiving assessment or support planning, or the
person's legal representative, materials, and forms supplied by the
commissioner containing the following information:
(1) the
need for and purpose of preadmission screening if the person selects nursing
facility placement;
(2) the
role of the long-term care consultation assessment and support planning in
waiver and alternative care program eligibility determination;
(3)
information about Minnesota health care programs;
(4) the
person's freedom to accept or reject the recommendations of the team;
(5) the
person's right to confidentiality under the Minnesota Government Data Practices
Act, chapter 13;
(6) the
long-term care consultant's decision regarding the person's need for
institutional level of care as determined under criteria established in section
144.0724, subdivision 11, or 256B.092; and
(7) the
person's right to appeal the decision regarding the need for nursing facility
level of care or the county's final decisions regarding public programs
eligibility according to section 256.045, subdivision 3.
(i)
Face-to-face assessment completed as part of eligibility determination for the
alternative care, elderly waiver, community alternatives for disabled
individuals, community alternative care, and traumatic brain injury waiver
programs under sections 256B.0915, 256B.0917, and 256B.49 is valid to establish
service eligibility for no more than 60 calendar days after the date of
assessment. The effective eligibility
start date for these programs can never be prior to the date of
assessment. If an assessment was
completed more than 60 days before the effective waiver or alternative care
program eligibility start date, assessment and support plan information must be
updated in a face-to-face visit and documented in the department's Medicaid
Management Information System (MMIS).
The effective date of program eligibility in this case cannot be prior
to the date the updated assessment is completed.
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Sec. 19. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 3b, is amended to read:
Subd. 3b. Transition
assistance. (a) A long-term care
consultation team shall provide assistance to persons residing in a nursing
facility, hospital, regional treatment center, or intermediate care facility
for persons with developmental disabilities who request or are referred for
assistance. Transition assistance must
include assessment, community support plan development, referrals to long-term
care options counseling under section 256B.975, subdivision 10, for community
support plan implementation and to Minnesota health care programs, including
home and community-based waiver services and consumer-directed options through
the waivers, and referrals to programs that provide assistance with
housing. Transition assistance must also
include information about the Centers for Independent Living and the Senior
LinkAge Line, and about other organizations that can provide assistance with
relocation efforts, and information about contacting these organizations to
obtain their assistance and support.
(b) The
county shall develop transition processes with institutional social workers and
discharge planners to ensure that:
(1) persons
admitted to facilities receive information about transition assistance that is
available;
(2) the
assessment is completed for persons within ten working days of the date of
request or recommendation for assessment; and
(3) there
is a plan for transition and follow-up for the individual's return to the
community. The plan must require
notification of other local agencies when a person who may require assistance
is screened by one county for admission to a facility located in another
county.
(c) If a
person who is eligible for a Minnesota health care program is admitted to a
nursing facility, the nursing facility must include a consultation team member
or the case manager in the discharge planning process.
Sec. 20. Minnesota Statutes 2008, section 256B.0911,
subdivision 4d, is amended to read:
Subd. 4d. Preadmission
screening of individuals under 65 years of age.
(a) It is the policy of the state of Minnesota to ensure that
individuals with disabilities or chronic illness are served in the most
integrated setting appropriate to their needs and have the necessary
information to make informed choices about home and community-based service
options.
(b)
Individuals under 65 years of age who are admitted to a nursing facility from a
hospital must be screened prior to admission as outlined in subdivisions 4a
through 4c.
(c)
Individuals under 65 years of age who are admitted to nursing facilities with
only a telephone screening must receive a face-to-face assessment from the
long-term care consultation team member of the county in which the facility is
located or from the recipient's county case manager within 40 calendar days of
admission.
(d)
Individuals under 65 years of age who are admitted to a nursing facility
without preadmission screening according to the exemption described in
subdivision 4b, paragraph (a), clause (3), and who remain in the facility
longer than 30 days must receive a face-to-face assessment within 40 days of
admission.
(e) At the face-to-face
assessment, the long-term care consultation team member or county case manager
must perform the activities required under subdivision 3b.
(f) For
individuals under 21 years of age, a screening interview which recommends
nursing facility admission must be face-to-face and approved by the
commissioner before the individual is admitted to the nursing facility.
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(g) In the event that an
individual under 65 years of age is admitted to a nursing facility on an
emergency basis, the county must be notified of the admission on the next
working day, and a face-to-face assessment as described in paragraph (c) must
be conducted within 40 calendar days of admission.
(h) At the face-to-face
assessment, the long-term care consultation team member or the case manager
must present information about home and community-based options, including
consumer-directed options, so the individual can make informed
choices. If the individual chooses home
and community-based services, the long-term care consultation team member or
case manager must complete a written relocation plan within 20 working days of
the visit. The plan shall describe the
services needed to move out of the facility and a time line for the move which
is designed to ensure a smooth transition to the individual's home and
community.
(i) An individual under 65
years of age residing in a nursing facility shall receive a face-to-face
assessment at least every 12 months to review the person's service choices and
available alternatives unless the individual indicates, in writing, that annual
visits are not desired. In this case,
the individual must receive a face-to-face assessment at least once every 36
months for the same purposes.
(j) Notwithstanding the
provisions of subdivision 6, the commissioner may pay county agencies directly
for face-to-face assessments for individuals under 65 years of age who are being
considered for placement or residing in a nursing facility.
Sec. 21. Minnesota Statutes 2009 Supplement, section
256D.44, subdivision 5, is amended to read:
Subd. 5. Special
needs. In addition to the state
standards of assistance established in subdivisions 1 to 4, payments are
allowed for the following special needs of recipients of Minnesota supplemental
aid who are not residents of a nursing home, a regional treatment center, or a
group residential housing facility.
(a) The county agency shall
pay a monthly allowance for medically prescribed diets if the cost of those
additional dietary needs cannot be met through some other maintenance
benefit. The need for special diets or
dietary items must be prescribed by a licensed physician. Costs for special diets shall be determined
as percentages of the allotment for a one-person household under the thrifty
food plan as defined by the United States Department of Agriculture. The types of diets and the percentages of the
thrifty food plan that are covered are as follows:
(1) high protein diet, at
least 80 grams daily, 25 percent of thrifty food plan;
(2) controlled protein diet,
40 to 60 grams and requires special products, 100 percent of thrifty food plan;
(3) controlled protein diet,
less than 40 grams and requires special products, 125 percent of thrifty food
plan;
(4) low cholesterol diet, 25
percent of thrifty food plan;
(5) high residue diet, 20
percent of thrifty food plan;
(6) pregnancy and lactation
diet, 35 percent of thrifty food plan;
(7) gluten-free diet, 25
percent of thrifty food plan;
(8) lactose-free diet, 25
percent of thrifty food plan;
(9) antidumping diet, 15
percent of thrifty food plan;
(10) hypoglycemic diet, 15
percent of thrifty food plan; or
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(11)
ketogenic diet, 25 percent of thrifty food plan.
(b) Payment
for nonrecurring special needs must be allowed for necessary home repairs or
necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these
expenses, as long as other funding sources are not available.
(c) A fee
for guardian or conservator service is allowed at a reasonable rate negotiated
by the county or approved by the court.
This rate shall not exceed five percent of the assistance unit's gross
monthly income up to a maximum of $100 per month. If the guardian or conservator is a member of
the county agency staff, no fee is allowed.
(d) The
county agency shall continue to pay a monthly allowance of $68 for restaurant
meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue until the person
has not received Minnesota supplemental aid for one full calendar month or until
the person's living arrangement changes and the person no longer meets the
criteria for the restaurant meal allowance, whichever occurs first.
(e) A fee
of ten percent of the recipient's gross income or $25, whichever is less, is allowed
for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee
services. This special need is available
to all recipients of Minnesota supplemental aid regardless of their living
arrangement.
(f)(1)
Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single
individual which is in effect on the first day of July of each year will be
added to the standards of assistance established in subdivisions 1 to 4 for
adults under the age of 65 who qualify as shelter needy and are: (i) relocating from an institution, or an
adult mental health residential treatment program under section 256B.0622; (ii)
eligible for the self-directed supports option as defined under section
256B.0657, subdivision 2; or (iii) home and community-based waiver recipients
living in their own home or rented or leased apartment which is not owned,
operated, or controlled by a provider of service not related by blood or
marriage, unless allowed under paragraph (g).
(2)
Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one. An eligible individual who receives this
benefit prior to age 65 may continue to receive the benefit after the age of
65.
(3)
"Shelter needy" means that the assistance unit incurs monthly shelter
costs that exceed 40 percent of the assistance unit's gross income before the
application of this special needs standard.
"Gross income" for the purposes of this section is the
applicant's or recipient's income as defined in section 256D.35, subdivision
10, or the standard specified in subdivision 3, paragraph (a) or (b), whichever
is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross
income, shall not be considered shelter needy for purposes of this paragraph.
(g)
Notwithstanding this subdivision, to access housing and services as provided in
paragraph (f), the recipient may choose housing that may or may not be
owned, operated, or controlled by the recipient's service provider if the
housing is located in a multifamily building of six or more units. In a multifamily building of four or more
units, the maximum number of units apartments that may be
used by recipients of this program shall be 50 percent of the units in a
building. The department shall
develop an exception process to the 50 percent maximum. This paragraph expires on June 30, 2011
2012.
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Sec. 22. Minnesota Statutes 2008, section 326B.43,
subdivision 2, is amended to read:
Subd. 2. Agreement
with municipality. The commissioner
may enter into an agreement with a municipality, in which the municipality
agrees to perform plan and specification reviews required to be performed by
the commissioner under Minnesota Rules, part 4715.3130, if:
(a) the
municipality has adopted:
(1) the
plumbing code;
(2) an
ordinance that requires plumbing plans and specifications to be submitted to,
reviewed, and approved by the municipality, except as provided in paragraph
(n);
(3) an
ordinance that authorizes the municipality to perform inspections required by
the plumbing code; and
(4) an ordinance
that authorizes the municipality to enforce the plumbing code in its entirety,
except as provided in paragraph (p);
(b) the
municipality agrees to review plumbing plans and specifications for all
construction for which the plumbing code requires the review of plumbing plans
and specifications, except as provided in paragraph (n);
(c) the
municipality agrees that, when it reviews plumbing plans and specifications
under paragraph (b), the review will:
(1) reflect
the degree to which the plans and specifications affect the public health and
conform to the provisions of the plumbing code;
(2) ensure
that there is no physical connection between water supply systems that are safe
for domestic use and those that are unsafe for domestic use; and
(3) ensure
that there is no apparatus through which unsafe water may be discharged or
drawn into a safe water supply system;
(d) the
municipality agrees to perform all inspections required by the plumbing code in
connection with projects for which the municipality reviews plumbing plans and
specifications under paragraph (b);
(e) the
commissioner determines that the individuals who will conduct the inspections
and the plumbing plan and specification reviews for the municipality do not
have any conflict of interest in conducting the inspections and the plan and
specification reviews;
(f)
individuals who will conduct the plumbing plan and specification reviews for
the municipality are:
(1) licensed
master plumbers;
(2) licensed
professional engineers; or
(3)
individuals who are working under the supervision of a licensed professional
engineer or licensed master plumber and who are licensed master or journeyman
plumbers or hold a postsecondary degree in engineering;
(g)
individuals who will conduct the plumbing plan and specification reviews for
the municipality have passed a competency assessment required by the
commissioner to assess the individual's competency at reviewing plumbing plans
and specifications;
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(h)
individuals who will conduct the plumbing inspections for the municipality are
licensed master or journeyman plumbers, or inspectors meeting the competency
requirements established in rules adopted under section 326B.135;
(i) the
municipality agrees to enforce in its entirety the plumbing code on all
projects, except as provided in paragraph (p);
(j) the
municipality agrees to keep official records of all documents received,
including plans, specifications, surveys, and plot plans, and of all plan
reviews, permits and certificates issued, reports of inspections, and notices
issued in connection with plumbing inspections and the review of plumbing plans
and specifications;
(k) the
municipality agrees to maintain the records described in paragraph (j) in the
official records of the municipality for the period required for the retention
of public records under section 138.17, and shall make these records readily
available for review at the request of the commissioner;
(l) the
municipality and the commissioner agree that if at any time during the
agreement the municipality does not have in effect the plumbing code or any of
ordinances described in paragraph (a), or if the commissioner determines that
the municipality is not properly administering and enforcing the plumbing code
or is otherwise not complying with the agreement:
(1) the
commissioner may, effective 14 days after the municipality's receipt of written
notice, terminate the agreement;
(2) the
municipality may challenge the termination in a contested case before the
commissioner pursuant to the Administrative Procedure Act; and
(3) while
any challenge is pending under clause (2), the commissioner shall perform plan
and specification reviews within the municipality under Minnesota Rules, part
4715.3130;
(m) the
municipality and the commissioner agree that the municipality may terminate the
agreement with or without cause on 90 days' written notice to the commissioner;
(n) the
municipality and the commissioner agree that the municipality shall forward to
the state for review all plumbing plans and specifications for the following
types of projects within the municipality:
(1)
hospitals, nursing homes, supervised living facilities licensed for eight or
more individuals, and similar health-care-related facilities regulated by
the Minnesota Department of Health;
(2)
buildings owned by the federal or state government; and
(3)
projects of a special nature for which department review is requested by either
the municipality or the state;
(o) where
the municipality forwards to the state for review plumbing plans and
specifications, as provided in paragraph (n), the municipality shall not
collect any fee for plan review, and the commissioner shall collect all
applicable fees for plan review; and
(p) no
municipality shall revoke, suspend, or place restrictions on any plumbing
license issued by the state.
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Sec. 23. Minnesota Statutes 2008, section 626.557,
subdivision 9a, is amended to read:
Subd. 9a. Evaluation
and referral of reports made to common entry point unit. The common entry point must screen the
reports of alleged or suspected maltreatment for immediate risk and make all
necessary referrals as follows:
(1) if the
common entry point determines that there is an immediate need for adult
protective services, the common entry point agency shall immediately notify the
appropriate county agency;
(2) if the
report contains suspected criminal activity against a vulnerable adult, the
common entry point shall immediately notify the appropriate law enforcement
agency;
(3) if
the report references alleged or suspected maltreatment and there is no
immediate need for adult protective services, the common entry point shall notify
refer all reports of alleged or suspected maltreatment to the
appropriate lead agency as soon as possible, but in any event no longer than
two working days; and
(4) if the
report does not reference alleged or suspected maltreatment, the common entry
point may determine whether the information will be referred; and
(5) (4)
if the report contains information about a suspicious death, the common entry
point shall immediately notify the appropriate law enforcement agencies, the
local medical examiner, and the ombudsman established under section 245.92. Law enforcement agencies shall coordinate
with the local medical examiner and the ombudsman as provided by law.
Sec. 24. Laws 2009, chapter 79, article 8, section 81,
is amended to read:
Sec. 81. ESTABLISHING
A SINGLE SET OF STANDARDS.
(a) The commissioner
of human services shall consult with disability service providers, advocates,
counties, and consumer families to develop a single set of standards, to be
referred to as "quality outcome standards," governing services
for people with disabilities receiving services under the home and
community-based waiver services program to replace all or portions of existing
laws and rules including, but not limited to, data practices, licensure of
facilities and providers, background studies, reporting of maltreatment of
minors, reporting of maltreatment of vulnerable adults, and the psychotropic
medication checklist. The standards
must:
(1) enable
optimum consumer choice;
(2) be
consumer driven;
(3) link
services to individual needs and life goals;
(4) be
based on quality assurance and individual outcomes;
(5) utilize
the people closest to the recipient, who may include family, friends, and
health and service providers, in conjunction with the recipient's risk
management plan to assist the recipient or the recipient's guardian in making
decisions that meet the recipient's needs in a cost-effective manner and assure
the recipient's health and safety;
(6) utilize
person-centered planning; and
(7)
maximize federal financial participation.
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(b) The
commissioner may consult with existing stakeholder groups convened under the
commissioner's authority, including the home and community-based expert
services panel established by the commissioner in 2008, to meet all or some of
the requirements of this section.
(c) The
commissioner shall provide the reports and plans required by this section to
the legislative committees and budget divisions with jurisdiction over health
and human services policy and finance by January 15, 2012.
Sec. 25. ELDERLY
WAIVER CONVERSION.
Notwithstanding
Minnesota Statutes, section 256B.0915, subdivision 3b, a person age 65 or older
with an MT home care rating on January 1, 2010, is eligible for the elderly
waiver program and shall be considered a conversion for purposes of accessing
monthly budget caps equal to no more than the person's monthly spending under
the personal care assistance program on January 1, 2010.
Sec. 26. DIRECTION
TO COMMISSIONER; CONSULTATION WITH STAKEHOLDERS.
The
commissioner shall consult with stakeholders experienced in using and providing
services through the consumer-directed community supports option during the
identification of data to be used in future development of an individualized
budget methodology for the home and community-based waivers for individuals
with disabilities under the new comprehensive assessment.
Sec. 27. CASE
MANAGEMENT RECOMMENDATIONS.
By February
1, 2011, the commissioner of human services shall provide specific
recommendations and language for proposed legislation to:
(1) define
the administrative and the service functions of case management for persons with
disabilities and make changes to improve the funding for administrative
functions;
(2)
standardize and simplify processes, standards, and timelines for case
management with the Department of Human Services Disability Services Division,
including eligibility determinations, resource allocation, management of
dollars, provision for assignment of one case manager at a time per person,
waiting lists, quality assurance, host county concurrence requirements, county
of financial responsibility provisions, and waiver compliance; and
(3) increase
opportunities for consumer choice of case management functions involving
service coordination.
In
developing these recommendations, the commissioner of human services shall
consider the recommendations of the 2007 Redesigning Case Management Services
for Persons with Disabilities Report and consult with existing stakeholder
groups, which include representatives of counties, disability and senior
advocacy groups, service providers, and representatives of agencies that provide
contacted case management.
This section
is effective the day following final enactment.
ARTICLE 2
PERSONAL
CARE ASSISTANT SERVICES
Section
1. Minnesota Statutes 2009 Supplement,
section 256B.0653, subdivision 3, is amended to read:
Subd. 3. Home
health aide visits. (a) Home health
aide visits must be provided by a certified home health aide using a written
plan of care that is updated in compliance with Medicare regulations. A home health aide shall provide hands-on
personal care, perform simple procedures as an extension of therapy or nursing
services, and assist
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in
instrumental activities of daily living as defined in section 256B.0659,
including assuring that the person gets to medical appointments if identified
in the written plan of care. Home
health aide visits must be provided in the recipient's home.
(b) All
home health aide visits must have authorization under section 256B.0652. The commissioner shall limit home health aide
visits to no more than one visit per day per recipient.
(c) Home
health aides must be supervised by a registered nurse or an appropriate
therapist when providing services that are an extension of therapy.
Sec. 2. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) For the purposes of this section, the
terms defined in paragraphs (b) to (p) (r) have the meanings
given unless otherwise provided in text.
(b)
"Activities of daily living" means grooming, dressing, bathing,
transferring, mobility, positioning, eating, and toileting.
(c)
"Behavior," effective January 1, 2010, means a category to determine
the home care rating and is based on the criteria found in this section. "Level I behavior" means physical
aggression towards self, others, or destruction of property that requires the
immediate response of another person.
(d)
"Complex health-related needs," effective January 1, 2010, means a
category to determine the home care rating and is based on the criteria found
in this section.
(e)
"Critical activities of daily living," effective January 1, 2010,
means transferring, mobility, eating, and toileting.
(f)
"Dependency in activities of daily living" means a person requires
assistance to begin and complete one or more of the activities of daily living.
(g) "Extended
personal care assistance service" means personal care assistance services included
in a service plan under one of the home and community-based services waivers
authorized under sections 256B.49, 256B.0915, and 256B.092, subdivision 5,
which exceed the amount, duration, and frequency of the state plan personal
care assistance services for participants who:
(1) need
assistance provided periodically during a week, but less than daily will not be
able to remain in their home without the assistance, and other replacement
services are more expensive or are not available when personal care assistance
services are to be terminated; or
(2) need
additional personal care assistance services beyond the amount authorized by
the state plan personal care assistance assessment in order to ensure that
their safety, health, and welfare are provided for in their homes.
(h)
"Health-related procedures and tasks" means procedures and tasks that
can be delegated or assigned by a licensed health care professional under state
law to be performed by a personal care assistant.
(h) (i)
"Instrumental activities of daily living" means activities to include
meal planning and preparation; basic assistance with paying bills; shopping for
food, clothing, and other essential items; performing household tasks integral
to the personal care assistance services; communication by telephone and other
media; and traveling, including to medical appointments and to participate in
the community.
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(i) (j)
"Managing employee" has the same definition as Code of Federal
Regulations, title 42, section 455.
(j) (k)
"Qualified professional" means a professional providing supervision
of personal care assistance services and staff as defined in section 256B.0625,
subdivision 19c.
(k) (l)
"Personal care assistance provider agency" means a medical assistance
enrolled provider that provides or assists with providing personal care
assistance services and includes a personal care assistance provider
organization, personal care assistance choice agency, class A licensed nursing
agency, and Medicare-certified home health agency.
(l) (m)
"Personal care assistant" or "PCA" means an individual
employed by a personal care assistance agency who provides personal care
assistance services.
(m) (n)
"Personal care assistance care plan" means a written description of
personal care assistance services developed by the personal care assistance
provider according to the service plan.
(n) (o)
"Responsible party" means an individual who is capable of providing
the support necessary to assist the recipient to live in the community.
(o) (p)
"Self-administered medication" means medication taken orally, by
injection or insertion, or applied topically without the need for assistance.
(p) (q)
"Service plan" means a written summary of the assessment and
description of the services needed by the recipient.
(r)
"Wages and benefits" means wages and salaries, the employer's share
of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers'
compensation, mileage reimbursement, health and dental insurance, life
insurance, disability insurance, long-term care insurance, uniform allowance,
and contributions to employee retirement accounts.
Sec. 3. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 3, is amended to read:
Subd. 3. Noncovered
personal care assistance services. (a)
Personal care assistance services are not eligible for medical assistance
payment under this section when provided:
(1) by the
recipient's spouse, parent of a recipient under the age of 18, paid legal
guardian, licensed foster provider, except as allowed under section 256B.0651,
subdivision 10, or responsible party;
(2) in lieu
of other staffing options in a residential or child care setting;
(3) solely
as a child care or babysitting service; or
(4) without
authorization by the commissioner or the commissioner's designee.
(b) The
following personal care services are not eligible for medical assistance
payment under this section when provided in residential settings:
(1)
effective January 1, 2010, when the provider of home care services who is not
related by blood, marriage, or adoption owns or otherwise controls the living
arrangement, including licensed or unlicensed services; or
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(2) when personal care
assistance services are the responsibility of a residential or program license
holder under the terms of a service agreement and administrative rules.
(c) Other specific tasks not
covered under paragraph (a) or (b) that are not eligible for medical assistance
reimbursement for personal care assistance services under this section include:
(1) sterile procedures;
(2) injections of fluids and
medications into veins, muscles, or skin;
(3) home maintenance or
chore services;
(4) homemaker services not
an integral part of assessed personal care assistance services needed by a
recipient;
(5) application of
restraints or implementation of procedures under section 245.825;
(6) instrumental activities
of daily living for children under the age of 18, except when immediate
attention is needed for health or hygiene reasons integral to the personal care
services and the need is listed in the service plan by the assessor; and
(7) assessments for personal
care assistance services by personal care assistance provider agencies or by
independently enrolled registered nurses.
Sec. 4. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 4, is amended to read:
Subd. 4. Assessment
for personal care assistance services; limitations. (a) An assessment as defined in
subdivision 3a must be completed for personal care assistance services.
(b) The following
limitations apply to the assessment:
(1) a person must be
assessed as dependent in an activity of daily living based on the person's daily
need or need on the days during the week the activity is completed,
on a daily basis, for:
(i) cuing and constant
supervision to complete the task; or
(ii) hands-on assistance to
complete the task; and
(2) a child may not be found
to be dependent in an activity of daily living if because of the child's age an
adult would either perform the activity for the child or assist the child with
the activity. Assistance needed is the assistance
appropriate for a typical child of the same age.
(c) Assessment for complex
health-related needs must meet the criteria in this paragraph. During the assessment process, a recipient
qualifies as having complex health-related needs if the recipient has one or
more of the interventions that are ordered by a physician, specified in a
personal care assistance care plan, and found in the following:
(1) tube feedings requiring:
(i) a gastro/jejunostomy
gastrojejunostomy tube; or
(ii) continuous tube feeding
lasting longer than 12 hours per day;
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(2) wounds
described as:
(i) stage
III or stage IV;
(ii)
multiple wounds;
(iii)
requiring sterile or clean dressing changes or a wound vac; or
(iv) open
lesions such as burns, fistulas, tube sites, or ostomy sites that require
specialized care;
(3)
parenteral therapy described as:
(i) IV therapy
more than two times per week lasting longer than four hours for each treatment;
or
(ii) total
parenteral nutrition (TPN) daily;
(4)
respiratory interventions including:
(i) oxygen
required more than eight hours per day;
(ii)
respiratory vest more than one time per day;
(iii)
bronchial drainage treatments more than two times per day;
(iv)
sterile or clean suctioning more than six times per day;
(v)
dependence on another to apply respiratory ventilation augmentation devices
such as BiPAP and CPAP; and
(vi)
ventilator dependence under section 256B.0652;
(5)
insertion and maintenance of catheter including:
(i) sterile
catheter changes more than one time per month;
(ii) clean
self-catheterization more than six times per day; or
(iii)
bladder irrigations;
(6) bowel
program more than two times per week requiring more than 30 minutes to perform
each time;
(7)
neurological intervention including:
(i)
seizures more than two times per week and requiring significant physical assistance
to maintain safety; or
(ii)
swallowing disorders diagnosed by a physician and requiring specialized
assistance from another on a daily basis; and
(8) other
congenital or acquired diseases creating a need for significantly increased
direct hands-on assistance and interventions in six to eight activities of
daily living.
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(d) An assessment of behaviors
must meet the criteria in this paragraph.
A recipient qualifies as having a need for assistance due to behaviors
if the recipient's behavior requires assistance at least four times per week
and shows one or more of the following behaviors:
(1) physical aggression
towards self or others, or destruction of property that requires the immediate
response of another person;
(2) increased vulnerability
due to cognitive deficits or socially inappropriate behavior; or
(3) verbally aggressive and
resistive to care.
Sec. 5. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 11, is amended to read:
Subd. 11. Personal
care assistant; requirements. (a) A
personal care assistant must meet the following requirements:
(1) be at least 18 years of
age with the exception of persons who are 16 or 17 years of age with these
additional requirements:
(i) supervision by a
qualified professional every 60 days; and
(ii) employment by only one
personal care assistance provider agency responsible for compliance with
current labor laws;
(2) be employed by a
personal care assistance provider agency;
(3) enroll with the
department as a personal care assistant after clearing a background study. Before a personal care assistant provides
services, the personal care assistance provider agency must initiate a
background study on the personal care assistant under chapter 245C, and the
personal care assistance provider agency must have received a notice from the
commissioner that the personal care assistant is:
(i) not disqualified under
section 245C.14; or
(ii) is disqualified, but
the personal care assistant has received a set aside of the disqualification
under section 245C.22;
(4) be able to effectively
communicate with the recipient and personal care assistance provider agency;
(5) be able to provide
covered personal care assistance services according to the recipient's personal
care assistance care plan, respond appropriately to recipient needs, and report
changes in the recipient's condition to the supervising qualified professional
or physician;
(6) not be a consumer of
personal care assistance services;
(7) maintain daily written
records including, but not limited to, time sheets under subdivision 12;
(8)
effective January 1, 2010, complete standardized training as determined by the
commissioner before completing enrollment.
The training must be available in languages other than English and to
those who need accommodations due to disabilities. Personal care assistant training must include
successful completion of the following training components: basic first aid, vulnerable adult, child
maltreatment, OSHA universal precautions, basic roles and responsibilities of
personal care assistants including information about assistance with lifting
and
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transfers
for recipients, emergency preparedness, orientation to positive behavioral
practices, fraud issues, and completion of time sheets. Upon completion of the training components,
the personal care assistant must demonstrate the competency to provide
assistance to recipients;
(9) complete
training and orientation on the needs of the recipient within the first seven
days after the services begin; and
(10) be
limited to providing and being paid for up to 310 hours per month of personal
care assistance services regardless of the number of recipients being served or
the number of personal care assistance provider agencies enrolled with. The number of hours worked per day shall
not be disallowed by the department unless in violation of the law.
(b) A legal
guardian may be a personal care assistant if the guardian is not being paid for
the guardian services and meets the criteria for personal care assistants in
paragraph (a).
(c)
Effective January 1, 2010, persons who do not qualify as a personal care
assistant include parents and stepparents of minors, spouses, paid legal
guardians, family foster care providers, except as otherwise allowed in section
256B.0625, subdivision 19a, or staff of a residential setting.
Sec. 6. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 13, is amended to read:
Subd. 13. Qualified
professional; qualifications. (a)
The qualified professional must be employed by a personal care assistance
provider agency and meet the definition under section 256B.0625, subdivision
19c. Before a qualified professional
provides services, the personal care assistance provider agency must initiate a
background study on the qualified professional under chapter 245C, and the
personal care assistance provider agency must have received a notice from the
commissioner that the qualified professional:
(1) is not
disqualified under section 245C.14; or
(2) is
disqualified, but the qualified professional has received a set aside of the
disqualification under section 245C.22.
(b) The
qualified professional shall perform the duties of training, supervision, and
evaluation of the personal care assistance staff and evaluation of the
effectiveness of personal care assistance services. The qualified professional shall:
(1) develop
and monitor with the recipient a personal care assistance care plan based on
the service plan and individualized needs of the recipient;
(2) develop
and monitor with the recipient a monthly plan for the use of personal care assistance
services;
(3) review
documentation of personal care assistance services provided;
(4) provide
training and ensure competency for the personal care assistant in the
individual needs of the recipient; and
(5) document
all training, communication, evaluations, and needed actions to improve
performance of the personal care assistants.
(c)
Effective January July 1, 2010, the qualified professional shall complete
the provider training with basic information about the personal care assistance
program approved by the commissioner within six months of the date hired by a
personal care assistance provider agency.
Qualified professionals who have completed the required
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trainings as
an employee with a personal care assistance provider agency do not need to
repeat the required trainings if they are hired by another agency, if they have
completed the training within the last three years. The required training shall be available
in languages other than English and to those who need accommodations due to
disabilities, online, or by electronic remote connection, and provide for
competency testing to demonstrate an understanding of the content without
attending in-person training. A
qualified professional is allowed to be employed and is not subject to the
training requirement until the training is offered online or through remote
electronic connection. A qualified
professional employed by a personal care assistance provider agency certified
for participation in Medicare as a home health agency is exempt from the training
required in this subdivision. The
commissioner shall ensure there is a mechanism in place to verify the identity
of persons completing the competency testing electronically.
Sec. 7. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 14, is amended to read:
Subd. 14. Qualified
professional; duties. (a) Effective
January 1, 2010, all personal care assistants must be supervised by a qualified
professional.
(b) Through
direct training, observation, return demonstrations, and consultation with the
staff and the recipient, the qualified professional must ensure and document
that the personal care assistant is:
(1) capable
of providing the required personal care assistance services;
(2)
knowledgeable about the plan of personal care assistance services before
services are performed; and
(3) able to
identify conditions that should be immediately brought to the attention of the
qualified professional.
(c) The
qualified professional shall evaluate the personal care assistant within the first
14 days of starting to provide regularly scheduled services for a
recipient except for the personal care assistance choice option under
subdivision 19, paragraph (a), clause (4).
For the initial evaluation, the qualified professional shall
evaluate the personal care assistance services for a recipient through direct
observation of a personal care assistant's work. Subsequent visits to evaluate the personal
care assistance services provided to a recipient do not require direct
observation of each personal care assistant's work and shall occur:
(1) at
least every 90 days thereafter for the first year of a recipient's services; and
(2) every
120 days after the first year of a recipient's service or whenever needed for
response to a recipient's request for increased supervision of the personal
care assistance staff; and
(3) after
the first 180 days of a recipient's service, supervisory visits may alternate
between unscheduled phone or Internet technology and in-person visits, unless
the in-person visits are needed according to the care plan.
(d)
Communication with the recipient is a part of the evaluation process of the
personal care assistance staff.
(e) At each
supervisory visit, the qualified professional shall evaluate personal care
assistance services including the following information:
(1)
satisfaction level of the recipient with personal care assistance services;
(2) review
of the month-to-month plan for use of personal care assistance services;
(3) review
of documentation of personal care assistance services provided;
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(4) whether the personal
care assistance services are meeting the goals of the service as stated in the
personal care assistance care plan and service plan;
(5) a written record of the
results of the evaluation and actions taken to correct any deficiencies in the
work of a personal care assistant; and
(6) revision of the personal
care assistance care plan as necessary in consultation with the recipient or
responsible party, to meet the needs of the recipient.
(f) The qualified
professional shall complete the required documentation in the agency recipient
and employee files and the recipient's home, including the following
documentation:
(1) the personal care
assistance care plan based on the service plan and individualized needs of the
recipient;
(2) a month-to-month plan
for use of personal care assistance services;
(3) changes in need of the
recipient requiring a change to the level of service and the personal care
assistance care plan;
(4) evaluation results of
supervision visits and identified issues with personal care assistance staff
with actions taken;
(5) all communication with
the recipient and personal care assistance staff; and
(6) hands-on training or
individualized training for the care of the recipient.
(g) The documentation in
paragraph (f) must be done on agency forms.
(h) The services that are
not eligible for payment as qualified professional services include:
(1) direct professional
nursing tasks that could be assessed and authorized as skilled nursing tasks;
(2) supervision of personal
care assistance completed by telephone;
(3) agency administrative
activities;
(4) training other than the
individualized training required to provide care for a recipient; and
(5) any other activity that
is not described in this section.
Sec. 8. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 18, is amended to read:
Subd. 18. Personal
care assistance choice option; generally.
(a) The commissioner may allow a recipient of personal care
assistance services to use a fiscal intermediary to assist the recipient in
paying and accounting for medically necessary covered personal care assistance
services. Unless otherwise provided in
this section, all other statutory and regulatory provisions relating to
personal care assistance services apply to a recipient using the personal care
assistance choice option.
(b) Personal care assistance
choice is an option of the personal care assistance program that allows the
recipient who receives personal care assistance services to be responsible for
the hiring, training, scheduling, and firing of personal care assistants according
to the terms of the written agreement with the personal care assistance choice
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agency required under
subdivision 20, paragraph (a). This
program offers greater control and choice for the recipient in who provides the
personal care assistance service and when the service is scheduled. The recipient or the recipient's responsible
party must choose a personal care assistance choice provider agency as a fiscal
intermediary. This personal care assistance
choice provider agency manages payroll, invoices the state, is responsible for
all payroll-related taxes and insurance, and is responsible for providing the
consumer training and support in managing the recipient's personal care
assistance services.
Sec. 9. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 19, is amended to read:
Subd. 19. Personal
care assistance choice option; qualifications; duties. (a) Under personal care assistance
choice, the recipient or responsible party shall:
(1)
recruit, hire, schedule, and terminate personal care assistants and a
qualified professional according to the terms of the written agreement
required under subdivision 20, paragraph (a);
(2) develop
a personal care assistance care plan based on the assessed needs and addressing
the health and safety of the recipient with the assistance of a qualified
professional as needed;
(3) orient
and train the personal care assistant with assistance as needed from the
qualified professional;
(4)
effective January 1, 2010, supervise and evaluate the personal care assistant
with the qualified professional, who is required to visit the recipient at
least every 180 days;
(5) monitor
and verify in writing and report to the personal care assistance choice agency
the number of hours worked by the personal care assistant and the qualified
professional;
(6) engage in an annual face-to-face reassessment to determine
continuing eligibility and service authorization; and
(7) use the
same personal care assistance choice provider agency if shared personal
assistance care is being used.
(b) The
personal care assistance choice provider agency shall:
(1) meet
all personal care assistance provider agency standards;
(2) enter
into a written agreement with the recipient, responsible party, and personal
care assistants;
(3) not be
related as a parent, child, sibling, or spouse to the recipient, qualified
professional, or the personal care assistant; and
(4) ensure
arm's-length transactions without undue influence or coercion with the
recipient and personal care assistant.
(c) The
duties of the personal care assistance choice provider agency are to:
(1) be the
employer of the personal care assistant and the qualified professional for
employment law and related regulations including, but not limited to,
purchasing and maintaining workers' compensation, unemployment insurance,
surety and fidelity bonds, and liability insurance, and submit any or all
necessary documentation including, but not limited to, workers' compensation
and unemployment insurance;
(2) bill
the medical assistance program for personal care assistance services and
qualified professional services;
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(3) request and complete
background studies that comply with the requirements for personal care
assistants and qualified professionals;
(4) pay the personal care
assistant and qualified professional based on actual hours of services
provided;
(5) withhold and pay all
applicable federal and state taxes;
(6) verify and keep records
of hours worked by the personal care assistant and qualified professional;
(7) make the arrangements
and pay taxes and other benefits, if any, and comply with any legal requirements
for a Minnesota employer;
(8) enroll in the medical
assistance program as a personal care assistance choice agency; and
(9) enter into a written
agreement as specified in subdivision 20 before services are provided.
Sec. 10. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 20, is amended to read:
Subd. 20. Personal
care assistance choice option; administration.
(a) Before services commence under the personal care assistance choice
option, and annually thereafter, the personal care assistance choice provider
agency, recipient, or responsible party, each personal care assistant, and
the qualified professional and the recipient or responsible party
shall enter into a written agreement.
The annual agreement must be provided to the recipient or
responsible party, each personal care assistant, and the qualified professional
when completed, and include at a minimum:
(1) duties of the recipient,
qualified professional, personal care assistant, and personal care assistance
choice provider agency;
(2) salary and benefits for
the personal care assistant and the qualified professional;
(3) administrative fee of
the personal care assistance choice provider agency and services paid for with
that fee, including background study fees;
(4) grievance procedures to
respond to complaints;
(5) procedures for hiring
and terminating the personal care assistant; and
(6) documentation
requirements including, but not limited to, time sheets, activity records, and
the personal care assistance care plan.
(b) Effective January 1,
2010, except for the administrative fee of the personal care assistance choice
provider agency as reported on the written agreement, the remainder of the
rates paid to the personal care assistance choice provider agency must be used
to pay for the salary and benefits for the personal care assistant or the
qualified professional. The provider
agency must use a minimum of 72.5 percent of the revenue generated by the
medical assistance rate for personal care assistance services for employee
personal care assistant wages and benefits.
(c) The commissioner shall
deny, revoke, or suspend the authorization to use the personal care assistance
choice option if:
(1) it has been determined
by the qualified professional or public health nurse that the use of this
option jeopardizes the recipient's health and safety;
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12372
(2) the
parties have failed to comply with the written agreement specified in this
subdivision;
(3) the use
of the option has led to abusive or fraudulent billing for personal care
assistance services; or
(4) the department
terminates the personal care assistance choice option.
(d) The
recipient or responsible party may appeal the commissioner's decision in
paragraph (c) according to section 256.045.
The denial, revocation, or suspension to use the personal care assistance
choice option must not affect the recipient's authorized level of personal care
assistance services.
Sec. 11. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 21, is amended to read:
Subd. 21. Requirements
for initial enrollment of personal care assistance provider agencies. (a) All personal care assistance provider
agencies must provide, at the time of enrollment as a personal care assistance
provider agency in a format determined by the commissioner, information and
documentation that includes, but is not limited to, the following:
(1) the
personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;
(2) proof
of surety bond coverage in the amount of $50,000 or ten percent of the
provider's payments from Medicaid in the previous year, whichever is less;
(3) proof
of fidelity bond coverage in the amount of $20,000;
(4) proof
of workers' compensation insurance coverage;
(5) a description
of the personal care assistance provider agency's organization identifying the
names of all owners, managing employees, staff, board of directors, and the
affiliations of the directors, owners, or staff to other service providers;
(6) a copy
of the personal care assistance provider agency's written policies and
procedures including: hiring of
employees; training requirements; service delivery; and employee and consumer
safety including process for notification and resolution of consumer grievances,
identification and prevention of communicable diseases, and employee
misconduct;
(7) copies
of all other forms the personal care assistance provider agency uses in the
course of daily business including, but not limited to:
(i) a copy
of the personal care assistance provider agency's time sheet if the time sheet
varies from the standard time sheet for personal care assistance services
approved by the commissioner, and a letter requesting approval of the personal
care assistance provider agency's nonstandard time sheet;
(ii) the
personal care assistance provider agency's template for the personal care
assistance care plan; and
(iii) the
personal care assistance provider agency's template for the written agreement
in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;
(8) a list
of all trainings and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12373
(9) documentation that the
personal care assistance provider agency and staff have successfully completed
all the training required by this section;
(10) documentation of the
agency's marketing practices;
(11) disclosure of
ownership, leasing, or management of all residential properties that is used or
could be used for providing home care services; and
(12) documentation that the
agency will use the following percentages of revenue generated from the medical
assistance rate paid for personal care assistance services for employee
personal care assistant wages and benefits:
72.5 percent of revenue in the personal care assistance choice option
and 72.5 percent of revenue from other personal care assistance providers;
and
(13) effective the day
following final enactment, documentation that the agency does not burden
recipients' free exercise of their right to choose service providers by
requiring personal care assistants to sign an agreement not to work with any
particular personal care assistance recipient or for another personal care
assistance provider agency after leaving the agency and that the agency is not
taking action on any such agreements or requirements regardless of the date
signed.
(b) Personal care assistance
provider agencies shall provide the information specified in paragraph (a) to
the commissioner at the time the personal care assistance provider agency
enrolls as a vendor or upon request from the commissioner. The commissioner shall collect the
information specified in paragraph (a) from all personal care assistance
providers beginning July 1, 2009.
(c) All personal care
assistance provider agencies shall require all employees in management and
supervisory positions and owners of the agency who are active in the day-to-day
management and operations of the agency to complete mandatory training as
determined by the commissioner before enrollment of the agency as a
provider. Personal care assistance
provider agencies are required to send all owners, qualified professionals
employed by the agency, and all other managing employees to the initial and
subsequent trainings. Employees
in management and supervisory positions and owners who are active in the
day-to-day operations of an agency who have completed the required training as
an employee with a personal care assistance provider agency do not need to
repeat the required training if they are hired by another agency, if they have
completed the training within the past three years. By September 1, 2010, the required training
must be available in languages other than English and to those who need
accommodations due to disabilities, online, or by electronic remote connection,
and provide for competency testing. Personal
care assistance provider agency billing staff shall complete training about
personal care assistance program financial management. This training is effective July 1, 2009. Any personal care assistance provider agency
enrolled before that date shall, if it has not already, complete the provider
training within 18 months of July 1, 2009.
Any new owners, new qualified professionals, and new managing or
employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of hiring
working for the agency. Personal care
assistance provider agencies certified for participation in Medicare as home
health agencies are exempt from the training required in this subdivision.
Sec. 12. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 24, is amended to read:
Subd. 24. Personal
care assistance provider agency; general duties. A personal care assistance provider
agency shall:
(1) enroll as a Medicaid
provider meeting all provider standards, including completion of the required
provider training;
(2) comply with general
medical assistance coverage requirements;
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12374
(3)
demonstrate compliance with law and policies of the personal care assistance
program to be determined by the commissioner;
(4) comply
with background study requirements;
(5) verify
and keep records of hours worked by the personal care assistant and qualified
professional;
(6) market
agency services only through printed information in brochures and on Web sites
and not engage in any agency-initiated direct contact or marketing in
person, by phone, or other electronic means to potential recipients, guardians,
or family members;
(7) pay the
personal care assistant and qualified professional based on actual hours of services
provided;
(8)
withhold and pay all applicable federal and state taxes;
(9)
effective January 1, 2010, document that the agency uses a minimum of 72.5
percent of the revenue generated by the medical assistance rate for personal
care assistance services for employee personal care assistant wages and
benefits;
(10) make
the arrangements and pay unemployment insurance, taxes, workers' compensation,
liability insurance, and other benefits, if any;
(11) enter
into a written agreement under subdivision 20 before services are provided;
(12) report
suspected neglect and abuse to the common entry point according to section
256B.0651;
(13)
provide the recipient with a copy of the home care bill of rights at start of
service; and
(14)
request reassessments at least 60 days prior to the end of the current
authorization for personal care assistance services, on forms provided by the
commissioner.
Sec. 13. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 27, is amended to read:
Subd. 27. Personal
care assistance provider agency; ventilator training. (a) The personal care assistance
provider agency is required to provide training for the personal care assistant
responsible for working with a recipient who is ventilator dependent. All training must be administered by a
respiratory therapist, nurse, or physician.
Qualified professional supervision by a nurse must be completed and
documented on file in the personal care assistant's employment record and the
recipient's health record. If offering
personal care services to a ventilator-dependent recipient, the personal care
assistance provider agency shall demonstrate and document the ability
to:
(1) train
the personal care assistant;
(2)
supervise the personal care assistant in ventilator operation and
maintenance the care of a ventilator-dependent recipient; and
(3)
supervise the recipient and responsible party in ventilator operation and
maintenance the care of a ventilator-dependent recipient; and
(4) provide
documentation of the training and supervision in clauses (1) to (3) upon
request.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12375
(b) A
personal care assistant shall not undertake any clinical services, patient
assessment, patient evaluation, or clinical education regarding the ventilator
or the patient on the ventilator. These
services may only be provided by health care professionals licensed or registered
in this state.
(c) A
personal care assistant may only perform tasks associated with ventilator
maintenance that are approved by the Board of Medical Practice in consultation
with the Respiratory Care Practitioner Advisory Council and the Department of
Human Services.
Sec. 14. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 30, is amended to read:
Subd. 30. Notice
of service changes to recipients. The
commissioner must provide:
(1) by
October 31, 2009, information to recipients likely to be affected that (i)
describes the changes to the personal care assistance program that may result
in the loss of access to personal care assistance services, and (ii) includes
resources to obtain further information; and
(2) notice
of changes in medical assistance home care services to each affected recipient
at least 30 days before the effective date of the change.
The notice
shall include how to get further information on the changes, how to get help to
obtain other services, a list of community resources, and appeal rights. Notwithstanding section 256.045, a recipient
may request continued services pending appeal within the time period allowed to
request an appeal; and
(3) a
service agreement authorizing personal care assistance hours of service at the
previously authorized level, throughout the appeal process period, when a
recipient requests services pending an appeal.
Sec. 15. Minnesota Statutes 2008, section 256B.092,
subdivision 4d, is amended to read:
Subd. 4d. Medicaid
reimbursement; licensed provider; related individuals. The commissioner shall seek a federal
amendment to the home and community-based services waiver for individuals with
developmental disabilities, to allow Medicaid reimbursement for the
provision of supported living services to a related individual is allowed
when the following conditions have been met: specified in
section 245A.03, subdivision 9, are met.
(1) the
individual is 18 years of age or older;
(2) the provider
is certified initially and annually thereafter, by the county, as meeting the
provider standards established in chapter 245B and the federal waiver plan;
(3) the
provider has been certified by the county as meeting the adult foster care
provider standards established in Minnesota Rules, parts 9555.5105 to
9555.6265;
(4) the
provider is not the legal guardian or conservator of the related individual;
and
(5) the
individual's service plan meets the standards of this section and specifies any
special conditions necessary to prevent a conflict of interest for the
provider.
Sec. 16. REPEALER.
Minnesota
Statutes 2008, section 256B.0919, subdivision 4, is repealed."
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12376
Delete the title and insert:
"A bill for an act
relating to human services; amending continuing care policy and technical
provisions; modifying the nursing facility level of care criteria; modifying
nursing facilities layaway status; permitting certain services by related
individuals; requiring home care services providers to provide recipients with
copies of the home care bill of rights; allowing personal care assistants to
enroll with a different personal care assistance provider agency; allowing lead
agencies to contract for assessments and reassessments; providing an elderly
waiver conversion under the personal care assistance program; requiring the
commissioner of human services to consult with stakeholders; requiring the
commissioner of human services provide recommendations to improve case
management services; clarifying personal care assistance provisions; amending
Minnesota Statutes 2008, sections 144A.071, subdivision 4b; 144A.161,
subdivision 1a; 245A.03, by adding a subdivision; 256B.0911, subdivision 4d;
256B.092, subdivision 4d; 326B.43, subdivision 2; 626.557, subdivision 9a;
Minnesota Statutes 2009 Supplement, sections 144.0724, subdivision 11; 245A.03,
subdivision 7; 245A.11, subdivision 7b; 256B.0625, subdivision 19c; 256B.0651,
by adding a subdivision; 256B.0652, subdivision 6; 256B.0653, subdivision 3;
256B.0659, subdivisions 1, 3, 4, 10, 11, 13, 14, 18, 19, 20, 21, 24, 27, 30, by
adding a subdivision; 256B.0911, subdivisions 1a, 2b, 3a, 3b; 256D.44,
subdivision 5; Laws 2009, chapter 79, article 8, section 81; repealing
Minnesota Statutes 2008, section 256B.0919, subdivision 4."
We request the adoption of
this report and repassage of the bill.
Senate Conferees: Tony
Lourey, John Marty and Dennis
Frederickson.
House Conferees: Larry
Hosch, Paul Thissen and Jim
Abeler.
Hosch moved that the report of the Conference Committee on
S. F. No. 2933 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
S. F. No. 2933,
A bill for an act relating to human services; making changes to continuing care
policy and technical provisions; amending Minnesota Statutes 2008, sections
245A.03, by adding a subdivision; 626.557, subdivision 9a; Minnesota Statutes
2009 Supplement, sections 144.0724, subdivision 11; 256B.0625, subdivision 19c;
256B.0651, by adding a subdivision; 256B.0652, subdivision 6; 256B.0659,
subdivisions 4, 10, 11, 13, 21, 30, by adding a subdivision; 256B.0911, subdivision
2b.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 128 yeas and
5 nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12377
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Drazkowski
Emmer
Hackbarth
Holberg
The bill was repassed, as amended by
Conference, and its title agreed to.
There being no objection, the order of
business reverted to Reports of Standing Committees and Divisions.
REPORTS OF STANDING
COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F. No. 2866,
A bill for an act relating to state government; modifying authority of the
executive branch to reduce unexpended allotments; amending Minnesota Statutes
2008, section 16A.152, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 16A.
Reported
the same back with the following amendments:
Page 1,
lines 23 and 24, delete the new language
Page 2,
delete lines 1 and 2
Page 2,
delete section 3
Renumber the
sections in sequence and correct the internal references
Amend the
title numbers accordingly
With the
recommendation that when so amended the bill pass.
The report was adopted.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12378
Carlson from the Committee on Finance to which was referred:
S. F. No. 3134, A bill for an act relating to
government operations; describing how to fold the state flag; defining certain
powers of the Council on Black Minnesotans; requiring fiscal notes to include
information about job creation; limiting requirements for approval by
individual legislators in the disposal process for certain state-owned
buildings; increasing threshold requirements for deposit of agency receipts;
imposing requirements on agencies for contracts over a certain amount;
requiring state chief information officer to develop standards for enhanced
public access to state electronic records; clarifying use of fees in the
combined charities campaign; transferring membership in the Workers'
Compensation Reinsurance Association from the commissioner of management and
budget to the commissioner of administration; eliminating and modifying fees
for certain filings with the secretary of state; authorizing grants to counties
for voting equipment and vote-counting equipment; establishing the Commission
on Service Innovation; allowing contiguous counties to establish a home rule
charter commission; requiring reports; appropriating money; amending Minnesota
Statutes 2008, sections 1.141, by adding subdivisions; 3.9225, subdivision 5;
3.98, subdivision 2; 16A.275; 16B.24, subdivision 3; 16E.04, subdivision 2;
16E.05, by adding a subdivision; 43A.50, subdivision 2; 79.34, subdivision 1;
318.02, subdivision 1; 557.01; proposing coding for new law in Minnesota
Statutes, chapters 3; 16C; proposing coding for new law as Minnesota Statutes,
chapter 372A; repealing Laws 2005, chapter 162, section 34, subdivision 2, as
amended.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
STATE GOVERNMENT
Section 1. [3.051] EVEN-YEAR SESSIONS.
The legislature may not meet in regular session in an even-numbered
year before the date set under section 202A.14 for the conduct of precinct
caucuses.
Sec. 2. Minnesota
Statutes 2008, section 3.303, is amended by adding a subdivision to read:
Subd. 11.
Permanent school fund land
management analyst. The
commission shall undertake activities that are necessary to advise the
legislature and to monitor the executive branch on issues related to the
management of permanent school fund lands.
The commission may hire a lead analyst and other staff as necessary for
this purpose. The commission shall:
(1) monitor management of permanent school fund lands;
(2) analyze the benefits derived from the fund;
(3) actively participate in the work of the Permanent School
Fund Advisory Committee under section 127A.30;
(4) provide oversight to ensure that the state fulfills its
fiduciary responsibilities to the permanent school fund as specified by the
Minnesota Constitution and Minnesota Statutes; and
(5) make effective recommendations to the Permanent School
Fund Advisory Committee and the finance divisions and committees of the house
of representatives and the senate.
The purpose of this function is to maximize the long-term
economic returns to the school trust lands consistent with the goals of section
127A.31.
EFFECTIVE
DATE. This section is effective July 1,
2011.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12379
Sec. 3. Minnesota Statutes 2008, section 3.85,
subdivision 3, is amended to read:
Subd. 3. Membership. The commission consists of five seven
members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration and five seven members of
the house of representatives appointed by the speaker. No more than five members from each
chamber may be from the majority caucus in that chamber. Members shall be appointed at the
commencement of each regular session of the legislature for a two-year term
beginning January 16 of the first year of the regular session. Members continue to serve until their
successors are appointed. Vacancies that
occur while the legislature is in session shall be filled like regular
appointments. If the legislature is not
in session, senate vacancies shall be filled by the last Subcommittee on
Committees of the senate Committee on Rules and Administration or other
appointing authority designated by the senate rules, and house of representatives
vacancies shall be filled by the last speaker of the house, or if the speaker
is not available, by the last chair of the house of representatives Rules
Committee.
Sec. 4. Minnesota Statutes 2008, section 3.9225,
subdivision 5, is amended to read:
Subd. 5. Powers. (a) The council may contract in
its own name, but no money shall be accepted or received as a loan nor
indebtedness incurred except as otherwise provided by law. Contracts shall be approved by a majority of
the members of the council and executed by the chair and the executive
director. The council may apply for,
receive, and expend in its own name grants and gifts of money consistent with
the power and duties specified in subdivisions 1 to 7.
(b) The council may solicit
and accept payments for advertising, use of exhibition space, or commemorative
videos or other items in connection with publications, events, media
productions, and informational programs that are sponsored by the council. These revenues must be deposited in an
account in the special revenue fund and are appropriated to the council to
defray costs of publications, events, media productions, or informational
programs consistent with the powers and duties specified in subdivisions 1 to
7. The council may not publish advertising
or provide exhibition space for any elected official or candidate for elective
office. The council must report by
January 15 each year to the chairs and ranking minority members of the house of
representatives and senate funding divisions with jurisdiction over the council
on the amount and source of each payment received under this paragraph in the
prior fiscal year.
(c) The council shall appoint
an executive director who is experienced in administrative activities and
familiar with the problems and needs of Black people. The council may delegate to the executive
director powers and duties under subdivisions 1 to 7 which do not require
council approval. The executive director
serves in the unclassified service and may be removed at any time by the council. The executive director shall recommend to the
council, and the council may appoint the appropriate staff necessary to carry
out its duties. Staff members serve in
the unclassified service. The
commissioner of administration shall provide the council with necessary
administrative services.
Sec. 5. [3.9715]
PAYMENT FROM HERITAGE FUNDS FOR AUDIT COSTS.
The outdoor heritage fund,
the clean water fund, the parks and trails fund, and the arts and cultural
heritage fund, established in the Minnesota Constitution, article XI, section
15, must each pay the legislative auditor for costs incurred by the legislative
auditor to examine financial activities related to each fund. The legislative auditor shall provide cost
data to the commissioner of management and budget to determine the amount of
the required payments. The amount
required to make these payments is appropriated from each fund for payments to
the legislative auditor under this section.
Amounts received by the legislative auditor under this section are
appropriated to the legislative auditor for purposes of examining financial
activities related to each fund. The
legislative auditor shall report by January 15 each year to the chairs and
ranking minority members of the house of representatives and senate funding
divisions with jurisdiction over the Office of the Legislative Auditor and the
funds established in the Minnesota Constitution, article XI, section 15, on
past and projected future expenditure of funds under this section.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12380
Sec. 6. [5.025] ELECTION DAY VOLUNTEERS.
The secretary of state may use unpaid secretary of state
trained volunteers to assist the Office of the Secretary of State in providing
customer service information on election days.
Sec. 7. [10.61] TWO-SIDED PRINTING.
A printer operated by an entity in the state executive,
legislative, or judicial branch must be configured so that the default print
option is for two-sided printing if it is feasible to set two-sided printing as
the default.
Sec. 8. Minnesota
Statutes 2008, section 10A.01, subdivision 18, is amended to read:
Subd. 18. Independent expenditure. "Independent expenditure" means
an expenditure expressly advocating the election or defeat of a clearly identified
candidate, if the expenditure is made without the express or implied consent,
authorization, or cooperation of, and not in concert with or at the request or
suggestion of, any candidate or any candidate's principal campaign committee or
agent. An independent expenditure is not
a contribution to that candidate. An
expenditure by a political party or political party unit in a race where the
political party has a candidate on the ballot is not an independent expenditure
An independent expenditure does not include the act of announcing a formal
public endorsement of a candidate for public office, unless the act is
simultaneously accompanied by an expenditure that would otherwise qualify as an
independent expenditure under this subdivision.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 9. Minnesota
Statutes 2008, section 10A.01, is amended by adding a subdivision to read:
Subd. 37.
Independent expenditure
political committee. "Independent
expenditure political committee" means a political committee that makes
only independent expenditures and disbursements permitted under section
10A.121, subdivision 1.
Sec. 10.
Minnesota Statutes 2008, section 10A.01, is amended by adding a
subdivision to read:
Subd. 38.
Independent expenditure
political fund. "Independent
expenditure political fund" means a political fund that makes only
independent expenditures and disbursements permitted under section 10A.121,
subdivision 1.
Sec. 11.
Minnesota Statutes 2008, section 10A.12, is amended by adding a
subdivision to read:
Subd. 1a.
When required for independent
expenditures. An association
other than a political committee that makes only independent expenditures and disbursements
permitted under section 10A.121, subdivision 1, must do so by forming and
registering an independent expenditure political fund if the expenditure is in
excess of $100 or by contributing to an existing independent expenditure
political committee or political fund.
Sec. 12. [10A.121] INDEPENDENT EXPENDITURE
POLITICAL COMMITTEES AND INDEPENDENT EXPENDITURE POLITICAL FUNDS.
Subdivision 1.
Permitted disbursements. An independent expenditure political
committee or an independent expenditure political fund, in addition to making
independent expenditures, may:
(1) pay costs associated with its fund-raising and general
operations;
(2) pay for communications that do not constitute
contributions or approved expenditures; and
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12381
(3) make contributions to
other independent expenditure political committees or independent expenditure
political funds.
Subd. 2. Penalty. An independent expenditure political
committee or independent expenditure political fund is subject to a civil
penalty of up to four times the amount of the contribution or approved
expenditure if it does the following:
(1) makes a contribution to
a candidate, party unit, political committee, or political fund other than an
independent expenditure political committee or an independent expenditure
political fund; or
(2) makes an approved
expenditure.
This penalty supersedes any
penalty otherwise provided in statute.
Sec. 13. Minnesota Statutes 2008, section 10A.20,
subdivision 2, is amended to read:
Subd. 2. Time
for filing. (a) The reports must be
filed with the board on or before January 31 of each year and additional
reports must be filed as required and in accordance with paragraphs (b) and
(c).
(b) In each year in which
the name of the candidate is on the ballot, the report of the principal
campaign committee must be filed 15 days before a primary and ten days before a
general election, seven days before a special primary and a special election,
and ten days after a special election cycle.
(c) In each general election
year, a political committee, political fund, or party unit must file reports 28
and 15 days before a primary and ten 42 and 15 days before a
general election. Beginning in 2012,
reports required under this paragraph must also be filed 56 days before a
primary.
Sec. 14. Minnesota Statutes 2008, section 10A.20,
subdivision 4, is amended to read:
Subd. 4. Period
of report. A report must cover the
period from the last day covered by the previous report January 1 of
the reporting year to seven days before the filing date, except that the
report due on January 31 must cover the period from the last day covered by the
previous report to December 31.
Sec. 15. Minnesota Statutes 2008, section 10A.20,
subdivision 12, is amended to read:
Subd. 12. Failure
to file; penalty. The board must
send a notice by certified mail to any individual who fails to file a statement
required by this section. If an
individual fails to file a statement due January 31 within ten business days
after the notice was sent, the board may impose a late filing fee of $5
$25 per day, not to exceed $100 $1,000, commencing with
the 11th day after the notice was sent.
If an individual fails to
file a statement due before a primary or election within three days after the
date due, regardless of whether the individual has received any notice, the
board may impose a late filing fee of $50 per day, not to exceed $500 $1,000,
commencing on the fourth day after the date the statement was due.
The board must send an
additional notice by certified mail to an individual who fails to file a
statement within 14 days after the first notice was sent by the board that the
individual may be subject to a civil penalty for failure to file a
statement. An individual who fails to
file the statement within seven days after the second notice was sent by the
board is subject to a civil penalty imposed by the board of up to $1,000.
EFFECTIVE DATE. This section is effective June 1, 2010, and applies
to statements required to be filed on or after that date.
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of Page 12382
Sec. 16. Minnesota
Statutes 2008, section 10A.27, is amended by adding a subdivision to read:
Subd. 14.
Contributions of business
revenue. An association may,
if not prohibited by other law, contribute revenue from the operation of a
business to an independent expenditure political committee or an independent
expenditure political fund without complying with section 10A.27, subdivision
13.
Sec. 17. Minnesota
Statutes 2008, section 10A.27, is amended by adding a subdivision to read:
Subd. 15.
Contributions of dues or
contribution revenue. An
association may, if not prohibited by other law, contribute revenue from
membership dues or fees, or from contributions received by the association to
an independent expenditure political committee or an independent expenditure
political fund without complying with section 10A.27, subdivision 13. Before the day when the recipient committee
or fund's next report must be filed with the board under section 10A.20,
subdivision 2 or 5, an association that has contributed $2,000 or more in
aggregate to independent expenditure political committees or funds during the
calendar year must provide in writing to the recipient's treasurer a statement
that includes the name and address of each association that paid the
association dues or fees, or made contributions to the association that, in
total, aggregate $1,000 or more between January 1 of the calendar year and the
date of the contribution. The statement
must be certified as true and correct by an officer of the contributing
association.
Sec. 18. Minnesota
Statutes 2008, section 10A.27, is amended by adding a subdivision to read:
Subd. 16.
Treasurer to submit disclosure
statements. The treasurer of
a political committee or political fund receiving a statement required under
section 10A.27, subdivision 15, must file a copy of the statement before the
deadline for the committee or fund's next report filed with the board under
section 10A.20, subdivision 2 or 5, after receiving the statement.
Sec. 19. Minnesota
Statutes 2008, section 10A.27, is amended by adding a subdivision to read:
Subd. 17.
Penalty. (a) An association that makes a contribution
under section 10A.27, subdivision 15, and fails to provide the required
statement within the time specified is subject to a civil penalty of up to four
times the amount of the contribution, but not to exceed $25,000, except when
the violation was intentional.
(b) An independent expenditure political committee or an
independent expenditure political fund that files a report without including
the statement required under section 10A.27, subdivision 15, is subject to a
civil penalty of up to four times the amount of the contribution for which
disclosure was not filed, but not to exceed $25,000, except when the violation
was intentional.
(c) The penalties provided under this subdivision supersede
any penalty otherwise provided in statute.
Sec. 20. [16A.0561] MAPPED DATA ON EXPENDITURES.
(a) Data on expenditure of money from the funds as specified
under sections 3.303, subdivision 10, and 116P.08, may, if practicable, be made
available on the Web in a manner that allows the public to obtain information
about a project receiving an appropriation by clicking on a map. To the extent feasible, the map should
include or link to information about each project, including, but not limited
to, the location, the name of the entity receiving the appropriation, the
source of the appropriation, the amount of money received, and a general
statement of the purpose of the appropriation.
(b) If requested, the Legislative Coordinating Commission may,
to the extent practicable, provide relevant executive branch agencies with
public geospatial data that it receives for its Web site required under section
3.303, subdivision 10. The commissioner
may make this information available to the public in a similar manner as
information provided under paragraph (a).
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(c) In creating plans for public expenditures from all
geographically locatable or project based appropriations, prospective budget
and project planning should consider geographic and data reporting that would
facilitate the goals of this section.
Sec. 21.
Minnesota Statutes 2008, section 16A.125, subdivision 5, is amended to
read:
Subd. 5. Forest trust lands. (a) The term "state forest trust
fund lands" as used in this subdivision, means public land in trust under the
Constitution set apart as "forest lands under the authority of the
commissioner" of natural resources as defined by section 89.001,
subdivision 13.
(b) The commissioner of management and budget shall credit
the revenue from the forest trust fund lands to the forest suspense
account. The account must specify the
trust funds interested in the lands and the respective receipts of the lands.
(c) After a fiscal year, the commissioner of management and
budget shall certify the total costs incurred for forestry during that year
under appropriations for the protection, improvement, administration, and
management of state forest trust fund lands and construction and improvement of
forest roads to enhance the forest value of the lands. The certificate must specify the trust funds
interested in the lands. The
commissioner of natural resources shall supply the commissioner of management
and budget with the information needed for the certificate.
(d) After a fiscal year, the commissioner shall distribute
the receipts credited to the suspense account during that fiscal year as
follows:
(1) the amount of the certified costs incurred by the state
for forest management, forest improvement, and road improvement during the
fiscal year shall be transferred to the forest management investment account
established under section 89.039, including the costs associated with the
Legislative Coordinating Commission's permanent school fund land management
activities;
(2) the balance of the certified costs incurred by the state during
the fiscal year shall be transferred to the general fund; and
(3) the balance of the receipts shall then be returned
prorated to the trust funds in proportion to their respective interests in the
lands which produced the receipts.
EFFECTIVE
DATE. This section is effective July 1,
2011.
Sec. 22.
Minnesota Statutes 2008, section 16A.275, is amended to read:
16A.275 AGENCY RECEIPTS;
DEPOSIT, REPORT, CREDIT.
Subdivision 1. If $250, daily. Deposit receipts. Except as otherwise provided by law, an
agency shall deposit receipts totaling $250 $1,000 or more in the
state treasury daily. The depositing
agency shall send a report to the commissioner on the disposition of receipts
since the last report. The commissioner
shall credit the deposits received during a month to the proper funds not later
than the first day of the next month.
Notwithstanding the general rule stated above, the
commissioner of revenue is not required to make daily deposits if (1) the volume
of tax receipts cannot be processed daily with available resources, or (2)
receipts cannot be immediately identified for posting to accounts.
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Subd. 2. Exception.
The commissioner may authorize an agency to deposit receipts
totaling $250 $1,000 or more less frequently than daily for those
locations where the agency furnishes documentation to the commissioner that the
cost of making daily deposits exceeds the lost interest earnings and the risk
of loss or theft of the receipts.
Sec. 23. [16A.371] RECIPIENTS OF STATE GRANTS AND
APPROPRIATIONS.
(a) This section applies to a nonprofit organization that receives
a direct appropriation of state funds or that receives a grant of state funds,
if during the period covered by the appropriation or grant an officer or
employee of the organization will receive a salary from the nonprofit
organization or a related organization that exceeds the salary of the
governor. As a condition of receiving
the direct appropriation or grant, a nonprofit organization covered by this
section must agree that the organization will submit to the attorney general,
during each year that the organization receives a direct appropriation or grant
of state funds, a list of the total compensation of the three highest paid
directors, officers, or employees of the organization. The attorney general must make filings under
this paragraph public in the same manner as annual reports filed under section
309.53.
(b) This section also applies to a health maintenance
organization, as defined in section 62D.02, subdivision 4, that has a contract
to provide services to the state or to state employees, if an officer or
employee of the organization receives a salary that exceeds the salary of the
governor.
(c) For purposes of this section:
(1) "nonprofit organization" includes a
corporation, partnership, limited partnership, limited liability company, joint
venture, cooperative, association, or trust, wherever incorporated, organized,
or registered, if the organization is organized on a nonprofit basis;
(2) "related organization" has the meaning defined
in section 317A.011, subdivision 18; and
(3) "total compensation" means salaries, fees,
bonuses, fringe benefits, severance payments, and deferred compensation.
Sec. 24.
Minnesota Statutes 2008, section 16B.24, subdivision 3, is amended to
read:
Subd. 3. Disposal of old buildings. (a) Upon request from the head of an
agency with control of a state-owned building with an estimated market value of
less than $50,000, as determined by the commissioner, the commissioner may
sell, demolish, or otherwise dispose of the building if the commissioner
determines that the building is no longer used or is a fire or safety hazard.
The commissioner, (b) Upon request of the
head of an agency which has with control of a state-owned
building which is no longer used or which is a fire or safety hazard, shall,
with an estimated market value of $50,000 or more, as determined by the
commissioner, the commissioner may sell, demolish, or otherwise dispose of the
building after determining that the building is no longer used or is a
fire or safety hazard and obtaining approval of the chairs of the senate
Finance Committee and house of representatives Ways and Means Committee,
sell, wreck, or otherwise dispose of the building.
(c) In the event a sale is made under this subdivision,
the proceeds shall be deposited in the proper account or in the
general fund provided by law. If
there is no requirement in law specifying how proceeds must be deposited other
than section 16A.72, the proceeds must be deposited in the account from which
the appropriation to acquire or construct the building was made. If the account from which the appropriation
was made cannot be identified or has been terminated, the proceeds must be
deposited in the general fund.
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of Page 12385
Sec. 25. Minnesota
Statutes 2008, section 16B.322, subdivision 4, is amended to read:
Subd. 4. Financing agreement. The commissioner shall solicit proposals
from private financial institutions on an individual project or line of
credit basis and may enter into a financing agreement with one or more
financial institutions. If a
financing agreement is for an individual project, the term of the financing
agreement shall not exceed 15 years from the date of final completion of the
energy improvement project. The and
a financing agreement is assignable to the state agency operating or
managing the state building or facility improved by the energy improvement
project. The term of a financing
agreement on an individual project basis must be less than the average expected
useful life of the energy saving measures implemented under the project. The proceeds from the financing agreement are
appropriated to the commissioner and may be used for the purposes of this
section and are available until spent.
Sec. 26. Minnesota
Statutes 2009 Supplement, section 16B.322, subdivision 4a, is amended to read:
Subd. 4a. Financing agreement. The commissioner of administration may,
in connection with a financing agreement, covenant in a master
lease-purchase agreement that the state will abide by the terms and
provisions that are customary in net lease or lease-purchase transactions
including, but not limited to, covenants providing that the state:
(1) will maintain insurance as required under the terms of the
lease agreement;
(2) is responsible to the lessor for any public liability or
property damage claims or costs related to the selection, use, or maintenance
of the leased equipment, to the extent of insurance or self-insurance
maintained by the lessee, and for costs and expenses incurred by the lessor as
a result of any default by the lessee;
(3) authorizes the lessor to exercise the rights of a secured
party with respect to the equipment subject to the lease in the event of
default by the lessee and, in addition, for the present recovery of lease
rentals due during the current term of the lease as liquidated damages.
Sec. 27. Minnesota
Statutes 2009 Supplement, section 16B.322, subdivision 4b, is amended to read:
Subd. 4b. Master lease-purchase agreements not
debt. A tax-exempt lease-purchase
agreement related to a financing agreement under this section does
not constitute or create a general or moral obligation or indebtedness of the
state in excess of the money from time to time appropriated or otherwise
available for the payment of rent coming due under the lease, and the state has
no continuing obligation to appropriate money for the payment of rent or other
obligations under the lease agreement. Rent due under a master lease-purchase
financing agreement under this section during a current lease
term for which money has been appropriated is a current expense of the
state.
Sec. 28. Minnesota
Statutes 2009 Supplement, section 16B.322, subdivision 4c, is amended to read:
Subd. 4c. Budget offset. The commissioner shall require a state
agency that uses the state energy improvement program to certify that the
agency will budget, allocate, and commit agency funds sufficient to make rent
payments under a financing agreement until all rent obligations are paid in
full. In the event a participating
agency fails to make a rent payment, the commissioner of management and
budget shall reduce the operating budgets budget of the
state agencies that use the master lease-purchase program under a financial
agreement agency. The amount
of the reduction is the amount sufficient to make the actual master lease
payments.
Sec. 29. Minnesota
Statutes 2008, section 16B.322, subdivision 5, is amended to read:
Subd. 5. Qualifying energy improvement
projects. The commissioner may
approve an energy improvement project and enter into for a
financing agreement if the commissioner determines that:
(1) the project and project financing agreement have
been approved by the governing body or head of the state agency that operates
or manages the state building or facility to be improved;
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(2) the project is
technically and economically feasible;
(3) the state agency that
operates or manages the state building or facility has made adequate provision
for the operation and maintenance of the project;
(4) if an energy efficiency
improvement, the project is calculated to result in a positive cash flow in
each year the financing agreement is in effect;
(5) the project proposer has
fully explored the use of conservation investment plan opportunities under
section 216B.241 with the utilities providing gas and electric service to the
energy improvement project;
(6) if a renewable energy
improvement, the project is calculated to reduce use of fossil-fuel energy; and
(7) if a geothermal energy
improvement, the project is calculated to produce savings in terms of
nongeothermal energy and costs.
For the purpose of clause
(6), "renewable energy" is energy produced by an eligible energy
technology as defined in section 216B.1691, subdivision 1, paragraph (a),
clause (1).
Sec. 30. [16B.535]
FLEET MANAGEMENT; CONSOLIDATION.
(a) The Department of
Administration shall ensure optimum efficiency and economy in the fleet management
activities of all state agencies. The
department must:
(1) maintain a current fleet
management inventory and maintenance cost accounting system that includes all
state-owned or leased motor vehicles;
(2) develop uniform state
policies and guidelines for vehicle acquisition, replacement, use, fuel,
maintenance, and recording of operational and other costs; and
(3) study the
cost-effectiveness of consolidating or privatizing the state vehicle fleet or
sections of the state vehicle fleet, including documenting the current status
of fleet consolidation or privatization and assessing the cost-effectiveness of
further consolidation or privatization of the state vehicle fleet.
(b) When requested by the
governor or the legislature, the department must submit information detailing
the costs associated with fleet operations based upon a statewide uniform cost
accounting system.
(c) State agencies
authorized by the Department of Administration may operate a vehicle fleet
management program. Each such agency
shall assign a fleet manager who shall operate the agency's fleet program in
accordance with policies and guidelines established by the Department of
Administration.
(d) Each fleet manager must
review the use of state-owned or leased vehicles within their agency at least
annually to determine whether vehicle utilization meets best practices criteria
as determined by the Department of Administration.
Sec. 31. Minnesota Statutes 2008, section 16C.055,
subdivision 2, is amended to read:
Subd. 2. Restriction. After July 1, 2002, an agency may not enter
into a contract or otherwise agree with a nongovernmental entity to receive
total nonmonetary consideration valued at more than $100,000 annually in
exchange for the agency providing nonmonetary consideration, unless such an
agreement is specifically authorized by law.
This subdivision does not apply to the State Lottery.
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Sec. 32. Minnesota Statutes 2009 Supplement, section
16E.02, subdivision 1, is amended to read:
Subdivision 1. Office
management and structure. (a) The
chief information officer is appointed by the governor. The chief information officer serves in the
unclassified service at the pleasure of the governor. The chief information officer must have
experience leading enterprise-level information technology organizations. The chief information officer is the state's
chief information officer and information and telecommunications technology
advisor to the governor.
(b) The chief information
officer may appoint other employees of the office. The staff of the office must include
individuals knowledgeable in information and telecommunications technology
systems and services and individuals with specialized training in information
security and accessibility.
(c) The chief information
officer may appoint a Webmaster responsible for the supervision and development
of state Web sites under the control of the office. The Webmaster, if appointed, shall ensure
that these Web sites are maintained in an easily accessible format that is
consistent throughout state government and are consistent with the
accessibility standards developed under section 16E.03, subdivision 9. The Webmaster, if appointed, shall provide
assistance and guidance consistent with the requirements of this paragraph to
other state agencies for the maintenance of other Web sites not under the
direct control of the office.
Sec. 33. Minnesota Statutes 2008, section 16E.04,
subdivision 2, is amended to read:
Subd. 2. Responsibilities. (a) In addition to other activities
prescribed by law, the office shall carry out the duties set out in this
subdivision.
(b) The office shall develop
and establish a state information architecture to ensure:
(1) that state agency
development and purchase of information and communications systems, equipment,
and services is designed to ensure that individual agency information systems
complement and do not needlessly duplicate or conflict with the systems of
other agencies; and
(2) enhanced public access
to data can be provided consistent with standards developed under section
16E.05, subdivision 4.
When state agencies have need
for the same or similar public data, the chief information officer, in
coordination with the affected agencies, shall manage the most efficient and
cost-effective method of producing and storing data for or sharing data between
those agencies. The development of this
information architecture must include the establishment of standards and
guidelines to be followed by state agencies.
The office shall ensure compliance with the architecture.
(c) The office shall assist
state agencies in the planning and management of information systems so that an
individual information system reflects and supports the state agency's mission
and the state's requirements and functions.
The office shall review and approve agency technology plans to ensure
consistency with enterprise information and telecommunications technology
strategy. By January 15 of each year,
the chief information officer must report to the chairs and the ranking
minority members of the legislative committees and divisions with jurisdiction
over the office regarding the assistance provided under this paragraph. The report must include a listing of agencies
that have developed or are developing plans under this paragraph.
(d) The office shall review
and approve agency requests for funding for the development or purchase of
information systems equipment or software before the requests may be included
in the governor's budget.
(e) The office shall review
major purchases of information systems equipment to:
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(1) ensure that the
equipment follows the standards and guidelines of the state information
architecture;
(2) ensure the agency's
proposed purchase reflects a cost-effective policy regarding volume purchasing;
and
(3) ensure that the
equipment is consistent with other systems in other state agencies so that data
can be shared among agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the inconsistency.
(f) The office shall review
the operation of information systems by state agencies and ensure that these
systems are operated efficiently and securely and continually meet the
standards and guidelines established by the office. The standards and guidelines must emphasize
uniformity that is cost-effective for the enterprise, that encourages
information interchange, open systems environments, and portability of
information whenever practicable and consistent with an agency's authority and
chapter 13.
(g) The office shall conduct
a comprehensive review at least every three years of the information systems
investments that have been made by state agencies and higher education
institutions. The review must include
recommendations on any information systems applications that could be provided
in a more cost-beneficial manner by an outside source. The office must report the results of its
review to the legislature and the governor.
Sec. 34. Minnesota Statutes 2008, section 16E.05, is
amended by adding a subdivision to read:
Subd. 4. Standards
for transparency. The chief
information officer, in consultation with the Information Policy Analysis
Division of the Department of Administration, shall develop standards to
enhance public access to electronic data maintained by state government,
consistent with the requirements of chapter 13.
The standards must ensure that:
(1) the state information
architecture facilitates public access to agency data;
(2) publicly available data
is managed using an approved state metadata model; and
(3) all geospatial data
conform to an approved state geocode model.
Sec. 35. Minnesota Statutes 2008, section 43A.50,
subdivision 2, is amended to read:
Subd. 2. Registration. (a) A federated funding organization
shall apply to the commissioner by March 1 in order to be eligible to participate
in the state employee combined charities campaign for that year.
(b) A federated funding
organization must apply in the form prescribed by the commissioner and shall
provide the following:
(1) assurance of tax exempt
status for the federated funding organization and each of the charitable
agencies identified by the federated funding organization as an affiliated
agency;
(2) assurance of proper
registration with the attorney general of Minnesota to solicit contributions in
the state of Minnesota for the federated funding organization and each of the
charitable agencies identified by the federated funding organization as an
affiliated agency. A copy of the
registration letter in effect at the time of application for the state employee
combined charities campaign must be available upon request;
(3) an affidavit signed by a
duly constituted officer of the federated funding organization attesting to the
fact that the federated funding organization and its affiliated agencies are in
compliance with each of the provisions of this section;
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(4) a list of the board of directors or local advisory board
for the federated funding organization which identifies the members who live or
work in Minnesota and contiguous counties;
(5) a list of the name and business address of each
affiliated agency the federated funding organization supports;
(6) a list of any related organizations, as defined in
section 317A.011, subdivision 18;
(7) the total contributions received in the organization's
accounting year last reported and, from those contributions, the amounts
expended by the federated funding organization for management and general costs
and for fund-raising costs and the amount distributed to the affiliated
agencies, programs, and designated agencies it supports; and
(8) a fee of $100, or ten percent of the funds raised from
state employees in the previous campaign, whichever is less. The fee for an organization which did not
participate in the previous year's state employee campaign is $100. These fees must be deposited into an
account in the special revenue fund and are appropriated to the commissioner to
be expended with the approval of the Combined Charities Board in section 43A.04
for costs associated with administering the annual campaign.
The commissioner may require submission of additional information
needed to determine compliance with the provisions of this chapter.
(c) The commissioner shall register or not register the
application of an organization and shall notify the organization of the
decision by May 1. An organization whose
application is denied has ten calendar days after receiving notice of the
denial to appeal the decision or file an amended application correcting the
deficiency. The commissioner shall
register or not register the organization within ten calendar days after receiving
the appeal or amended application. If
registration is denied a second time, the organization may appeal within five
calendar days after receiving notice of the denial. A hearing shall be scheduled by the
commissioner and shall be held within 15 calendar days after receiving notice
of the appeal. The parties may mutually
agree to a later date. The provisions of
chapter 14 do not apply to the hearing.
The hearing shall be conducted in a manner considered appropriate by the
commissioner. The commissioner shall
make a determination within five calendar days after the hearing has been
completed.
(d) Only organizations that are approved may participate in
the state employee combined charities campaign for the year of approval and
only contributions to approved organizations may be deducted from an employee's
pay pursuant to section 16A.134.
Sec. 36.
Minnesota Statutes 2008, section 79.34, subdivision 1, is amended to
read:
Subdivision 1. Conditions requiring membership. The nonprofit association known as the
Workers' Compensation Reinsurance Association may be incorporated under chapter
317A with all the powers of a corporation formed under that chapter, except
that if the provisions of that chapter are inconsistent with sections 79.34 to
79.40, sections 79.34 to 79.40 govern.
Each insurer as defined by section 79.01, subdivision 2, shall, as a
condition of its authority to transact workers' compensation insurance in this
state, be a member of the reinsurance association and is bound by the plan of
operation of the reinsurance association; provided, that all affiliated
insurers within a holding company system as defined in chapter 60D are
considered a single entity for purposes of the exercise of all rights and
duties of membership in the reinsurance association. Each self-insurer approved under section
176.181 and each political subdivision that self-insures shall, as a condition
of its authority to self-insure workers' compensation liability in this state,
be a member of the reinsurance association and is bound by its plan of
operation; provided that:
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of Page 12390
(1) all affiliated companies within a holding company system,
as determined by the commissioner of labor and industry in a manner consistent
with the standards and definitions in chapter 60D, are considered a single
entity for purposes of the exercise of all rights and duties of membership in the
reinsurance association; and
(2) all group self-insurers granted authority to self-insure
pursuant to section 176.181 are considered single entities for purposes of the
exercise of all the rights and duties of membership in the reinsurance
association. As a condition of its
authority to self-insure workers' compensation liability, and for losses
incurred after December 31, 1983, the state is a member of the reinsurance
association and is bound by its plan of operation. The commissioner of management and budget
administration represents the state in the exercise of all the rights
and duties of membership in the reinsurance association. The amounts necessary to pay the state's
premiums required for coverage by the Workers' Compensation Reinsurance Association
are appropriated from the general fund to the commissioner of management and
budget administration. The
University of Minnesota shall pay its portion of workers' compensation
reinsurance premiums directly to the Workers' Compensation Reinsurance Association. For the purposes of this section,
"state" means the administrative branch of state government, the
legislative branch, the judicial branch, the University of Minnesota, and any
other entity whose workers' compensation liability is paid from the state
revolving fund. The commissioner of
management and budget may calculate, prorate, and charge a department or agency
the portion of premiums paid to the reinsurance association for employees who
are paid wholly or in part by federal funds, dedicated funds, or special
revenue funds. The reinsurance
association is not a state agency.
Actions of the reinsurance association and its board of directors and
actions of the commissioner of labor and industry with respect to the
reinsurance association are not subject to chapters 13 and 15. All property owned by the association is
exempt from taxation. The reinsurance
association is not obligated to make any payments or pay any assessments to any
funds or pools established pursuant to this chapter or chapter 176 or any other
law.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 37. Minnesota
Statutes 2008, section 103F.755, is amended to read:
103F.755 INTEGRATION OF
DATA.
The data collected for the activities of the clean water
partnership program that have common value for natural resource planning must
be provided and integrated into the Minnesota land management information
system's geographic and summary databases according to published data
compatibility guidelines made available using standards adopted by the
Office of Enterprise Technology and geospatial technology standards and
guidelines published by the Minnesota Geospatial Information Office. Costs associated with this data delivery must
be borne by this activity.
Sec. 38. Minnesota
Statutes 2008, section 103H.175, as amended by Laws 2009, chapter 101, article
2, section 107, is amended to read:
103H.175 GROUNDWATER QUALITY
MONITORING.
Subdivision 1. Monitoring results to be submitted to the
Minnesota Geospatial Information Office made available using state data
standards. The results of
monitoring groundwater quality by state agencies and political subdivisions
must be submitted to made available using standards adopted by the
Office of Enterprise Technology and geospatial technology standards and
guidelines published by the Minnesota Geospatial Information Office.
Subd. 2. Computerized database. The Minnesota Geospatial Information
Office Agencies monitoring groundwater shall maintain a
computerized database databases of the results of groundwater
quality monitoring in a manner that is accessible to the Pollution Control
Agency, Department of Agriculture, Department of Health, and Department of
Natural Resources. The center shall
assess the quality and reliability of the data and organize the data in a
usable format.
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Subd. 3. Report.
In each even-numbered year, the Pollution Control Agency, in
cooperation with other agencies participating in the monitoring of water
resources, shall provide a draft report on the status of groundwater monitoring
to the Environmental Quality Board for review and then to the house of
representatives and senate committees with jurisdiction over the environment,
natural resources, and agriculture as part of the report in
section 103A.204.
Sec. 39. Minnesota
Statutes 2008, section 115A.15, subdivision 4, is amended to read:
Subd. 4. Staff.
The commissioner of administration shall may employ an
administrator to manage the resource recovery program and other staff and
consultants as are necessary to carry out the program.
Sec. 40.
Minnesota Statutes 2008, section 115A.15, subdivision 9, is amended to
read:
Subd. 9. Recycling goal. By December 31, 1996, the commissioner
shall recycle at least 60 percent by weight of the solid waste generated by state
offices and other state operations located in the metropolitan area The
goal of the resource recovery program is to recycle at least 60 percent of the
solid waste generated by state offices and other state operations. By March 1 of each year, the commissioner
shall report to the Pollution Control Agency the estimated recycling rates by
county for state offices and other state operations in the metropolitan area
for the previous calendar year. The
Pollution Control Agency shall incorporate these figures into the reports
submitted by the counties under section 115A.557, subdivision 3, to determine
each county's progress toward the goal in section 115A.551, subdivision 2.
Each state agency in the metropolitan area shall work to meet
the recycling goal individually. If
the goal is not met by an agency, the commissioner shall notify that agency
that the goal has not been met and the reasons the goal has not been met and
shall provide information to the employees in the agency regarding recycling
opportunities and expectations The commissioner shall provide agencies
with their performance against the goal along with information about recycling
opportunities to increase their performance.
Sec. 41.
Minnesota Statutes 2008, section 115A.15, subdivision 10, is amended to
read:
Subd. 10. Materials recovery facility; materials
collection; waste audits. (a) The
commissioner of the Department of Administration shall establish a central
materials recovery facility to manage recyclable materials collected from state
offices and other state operations in the metropolitan area. The facility must be located as close as
practicable to the State Capitol complex and must be large enough to
accommodate temporary storage of recyclable materials collected from state
offices and other state operations in the metropolitan area and the processing
of those materials for market.
(b) The commissioner shall establish a recyclable materials
collection and transportation system for state offices and other state
operations in the metropolitan area that will maximize the types and amount of
materials collected and the number of state offices and other state operations
served, and will minimize barriers to effective and efficient collection,
transportation, and marketing of recyclable materials.
(c) The commissioner shall may perform regular
audits on the solid waste and recyclable materials collected to identify
materials upon which to focus waste reduction, reuse, and recycling activities and
to measure:
(1) progress made toward the recycling goal in subdivision 9;
(2) progress made to reduce waste generation; and
(3) potential for additional waste reduction, reuse, and
recycling.
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(d) The commissioner may contract with private entities for
the activities required in this subdivision if the commissioner determines that
it would be cost-effective to do so.
Sec. 42.
Minnesota Statutes 2008, section 127A.30, subdivision 2, is amended to
read:
Subd. 2. Duties.
The advisory committee, in conjunction with the Legislative
Coordinating Commission, shall review the policies of the Department of
Natural Resources and current statutes on management of school trust fund lands
at least annually and shall recommend necessary changes in statutes, policy,
and implementation in order to ensure provident utilization of the permanent
school fund lands. By January 15 of each
year, the advisory committee shall submit a report to the legislature with
recommendations for the oversight and management of school trust lands
to secure long-term economic return for the permanent school fund, consistent
with sections 92.121 and 127A.31. The
committee's annual report may include recommendations to:
(1) manage the school trust lands efficiently;
(2) reduce the management expenditures of school trust lands and
maximize the revenues deposited in the permanent school trust fund;
(3) manage the sale, exchange, and commercial leasing of
school trust lands to maximize the revenues deposited in the permanent school
trust fund and retain the value from the long-term appreciation of the school
trust lands; and
(4) manage the school trust lands to maximize the long-term
economic return for the permanent school trust fund while maintaining sound
natural resource conservation and management principles.
EFFECTIVE
DATE. This section is effective July 1,
2011.
Sec. 43.
Minnesota Statutes 2008, section 211B.01, subdivision 3, is amended to
read:
Subd. 3. Candidate.
"Candidate" means an individual who seeks nomination or
election to a federal, statewide, legislative, judicial, or local office
including special districts, school districts, towns, home rule charter and
statutory cities, and counties, except candidates for president and
vice-president of the United States.
Sec. 44.
Minnesota Statutes 2008, section 211B.04, is amended to read:
211B.04 CAMPAIGN LITERATURE
MUST INCLUDE DISCLAIMER.
(a) A person who participates in the preparation or
dissemination of campaign material other than as provided in section 211B.05,
subdivision 1, that does not prominently include the name and address of the
person or committee causing the material to be prepared or disseminated in a
disclaimer substantially in the form provided in paragraph (b) or (c) is guilty
of a misdemeanor.
(b) Except in cases covered by paragraph (c), the required
form of disclaimer is: "Prepared
and paid for by the ..........
committee, .........(address)" for material prepared and paid for
by a principal campaign committee, or "Prepared and paid for by the
.......... committee,
.........(address), in support of .........(insert name of candidate or ballot
question)" for material prepared and paid for by a person or committee
other than a principal campaign committee.
(c) In the case of broadcast media, the required form of
disclaimer is: "Paid for by the
............ committee."
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(d) Campaign material that is not circulated on behalf of a particular
candidate or ballot question must also include in the disclaimer either that it
is "in opposition to .....(insert name of candidate or ballot
question.....)"; or that "this publication is not circulated on
behalf of any candidate or ballot question."
(e) This section does not apply to objects stating only the
candidate's name and the office sought, fund-raising tickets, or personal
letters that are clearly being sent by the candidate.
(f) This section does not apply to an individual or association
who acts independently of any candidate, candidate's committee, political
committee, or political fund and spends only from the individual's or
association's own resources a sum that is less than $500 $2,000 in
the aggregate to produce or distribute campaign material that is distributed at
least seven days before the election to which the campaign material relates.
(g) This section does not modify or repeal section
211B.06.
EFFECTIVE
DATE. This section is effective June 1,
2010, and applies to campaign material prepared or disseminated on or after
that date.
Sec. 45.
Minnesota Statutes 2008, section 211B.15, subdivision 2, is amended to
read:
Subd. 2. Prohibited contributions. A corporation may not make a contribution
or offer or agree to make a contribution, directly or indirectly, of any
money, property, free service of its officers, employees, or members, or thing
of monetary value to a major political party, organization, committee, or
individual to promote or defeat the candidacy of an individual for nomination,
election, or appointment to a political office.
For the purpose of this subdivision, "contribution" includes
an expenditure to promote or defeat the election or nomination of a candidate to
a political office that is made with the authorization or expressed or implied
consent of, or in cooperation or in concert with, or at the request or
suggestion of, a candidate or committee established to support or oppose a
candidate but does not include an independent expenditure authorized by
subdivision 3.
Sec. 46.
Minnesota Statutes 2008, section 211B.15, subdivision 3, is amended to
read:
Subd. 3. Independent expenditures. A corporation may not make an independent
expenditure or offer or agree to make an independent expenditure to
promote or defeat the candidacy of an individual for nomination, election, or
appointment to a political office, unless the expenditure is an independent
expenditure. For the purpose of this
subdivision, "independent expenditure" means an expenditure that
is not made with the authorization or expressed or implied consent of, or in
cooperation or concert with, or at the request or suggestion of, a candidate or
committee established to support or oppose a candidate has the meaning
given in section 10A.01, subdivision 18.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 47.
Minnesota Statutes 2008, section 216B.16, is amended by adding a
subdivision to read:
Subd. 18.
Election or ballot question
expenses. The commission may
not allow a public utility to recover from ratepayers expenses resulting from a
contribution or expenditure made for a political purpose, as defined in section
211B.01. This subdivision does not prohibit
a public utility from engaging in political activity or making a contribution
or expenditure otherwise permitted by law.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
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Sec. 48. Minnesota
Statutes 2008, section 307.08, subdivision 5, is amended to read:
Subd. 5. Cost; use of data. The cost of authentication, recording,
surveying, and marking burial grounds and the cost of identification, analysis,
rescue, and reburial of human remains on public lands or waters shall be the
responsibility of the state or political subdivision controlling the lands or
waters. On private lands or waters these
costs shall be borne by the state, but may be borne by the landowner upon
mutual agreement with the state. The
data collected by this activity that has common value for resource planning
must be provided and integrated into the Minnesota land management information
system's geographic and summary databases according to published data
compatibility guidelines. The
State Archaeologist must make the data collected for this activity available
using standards adopted by the Office of Enterprise Technology and geospatial
technology standards and guidelines published by the Minnesota Geospatial
Information Office. Costs associated
with this data delivery must be borne by the state.
Sec. 49. Minnesota
Statutes 2008, section 318.02, subdivision 1, is amended to read:
Subdivision 1. Definition.
The term "declaration of trust" as used in this section
means the declaration of trust, business trust instrument, trust indenture,
contract of custodianship, or other instrument pursuant to which such
association is organized. Every such
association organized after April 20, 1961, for the purpose of transacting
business in this state shall, prior to transacting any business in this state,
file in the Office of the Secretary of State a true and correct copy of the
"declaration of trust" under which the association proposes to
conduct its business. The copy shall
also contain a statement that the true and correct copy of the
"declaration of trust" is being filed in the Office of the Secretary
of State of the state of Minnesota pursuant to this chapter and shall also
include the full name and street address of an agent of the business trust in
this state. That agent shall be the
agent for service of process which shall be made pursuant to the provisions of
section 543.08. The "declaration of
trust" may provide that the duration of such association shall be
perpetual. Upon the filing of the copy
of the "declaration of trust," and the payment of a filing
fee of $150 to the secretary of state, the secretary of state shall issue
to such association, or to the trustees named in the said "declaration of
trust," or to the persons or parties to the "declaration of
trust," a certificate showing that such "declaration of trust"
has been duly filed; whereupon, such association in its name shall be
authorized to transact business in this state; provided that all other
applicable laws have been complied with.
The "declaration of trust" may be amended as provided in the
"declaration of trust" or in any amendments thereto but a true and
correct copy of all amendments to the "declaration of trust," shall
be filed in the Office of the Secretary of State upon the payment of a
filing fee of $50 to the secretary of state and all amendments shall become
effective at the time of said filing.
When such copy of the "declaration of trust" and any
amendments thereto shall have been filed in the Office of the Secretary of
State it shall constitute public notice as to the purposes and manner of the
business to be engaged in by such association.
Sec. 50. Minnesota
Statutes 2008, section 336.9-531, is amended to read:
336.9-531 ELECTRONIC ACCESS;
LIABILITY; RETENTION.
(a) Electronic
access. The secretary of state may
allow private parties to have electronic access to the central filing system
and to other computerized records maintained by the secretary of state on a fee
basis, except that: (1) visual
access to electronic display terminals at the public counters at the Secretary
of State's Office must be without charge and must be available during public
counter hours; and (2) access by law enforcement personnel, acting in an
official capacity, must be without charge.
If the central filing system allows a form of electronic access to
information regarding the obligations of debtors, the access must be available
24 hours a day, every day of the year. Notwithstanding
section 13.355, private parties who have electronic access to computerized
records may view the Social Security number information about a debtor that is
of record.
Notwithstanding section 13.355, a filing office may include
Social Security number information in an information request response under
section 336.9-523 or a search of other liens in the central filing system. A filing office may also include Social
Security number information on a photocopy or electronic copy of a record
whether
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provided in an information request response or in response to a
request made under section 13.03.
Any Social Security number information or tax identification number
information in the possession of the secretary of state is private data on
individuals or nonpublic data.
(b) Liability. The secretary of state, county recorders,
and their employees and agents are not liable for any loss or damages arising
from errors in or omissions from information entered into the central filing
system as a result of the electronic transmission of tax lien notices under
sections 268.058, subdivision 1, paragraph (c); 270C.63, subdivision 4;
272.483; and 272.488, subdivisions 1 and 3.
The state, the secretary of state, counties, county
recorders, and their employees and agents are immune from liability that occurs
as a result of errors in or omissions from information provided from the
central filing system.
(c) Retention. Once the image of a paper record has been
captured by the central filing system, the secretary of state may remove or
direct the removal from the files and destroy the paper record.
EFFECTIVE
DATE. This section is effective for
financing statements filed in the central filing system after November 30,
2010.
Sec. 51.
Minnesota Statutes 2008, section 336A.08, subdivision 1, is amended to
read:
Subdivision 1. Compilation. (a) The secretary of state shall compile
the information on effective financing statements in the computerized filing
system into a master list:
(1) organized according to farm product;
(2) arranged within each product:
(i) in alphabetical order according to the last name of the
individual debtor or, in the case of debtors doing business other than as
individuals, the first word in the name of the debtors;
(ii) in numerical order according to the Social Security
number of the individual debtor or, in the case of debtors doing business other
than as individuals, the Internal Revenue Service taxpayer identification
number of the debtors unique identifier assigned by the secretary of
state to, and associated with, the Social Security or tax identification number
of the debtor;
(iii) geographically by county; and
(iv) by crop year;
(3) containing the information provided on an effective
financing statement; and
(4) designating any applicable terminations of the effective
financing statement.
(b) The secretary of state shall compile information from
lien notices recorded in the computerized filing system into a statutory lien
master list in alphabetical order according to the last name of the individual debtor
or, in the case of debtors doing business other than as individuals, the first
word in the name of the debtors. The
secretary of state may also organize the statutory lien master list according
to one or more of the categories of information established in paragraph
(a). Any terminations of lien notices
must be noted.
EFFECTIVE
DATE. This section is effective for lists
compiled pursuant to this section after October 31, 2010.
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Sec. 52.
Minnesota Statutes 2008, section 336A.08, subdivision 4, is amended to
read:
Subd. 4. Distribution of master and partial
lists. (a) The secretary of state
shall maintain the information on the effective financing statement master
list:
(1) by farm product arranged alphabetically by debtor; and
(2) by farm product arranged numerically by the debtor's
Social Security number for an individual debtor or, in the case of debtors
doing business other than as individuals, the Internal Revenue Service taxpayer
identification number of the debtors unique identifier assigned by the
secretary of state to, and associated with, the Social Security or tax
identification number of the debtor.
(b) The secretary of state shall maintain the information in
the farm products statutory lien master list by county arranged alphabetically
by debtor.
(c) The secretary of state shall distribute or make available
the requested master and partial master lists on a monthly basis to farm
product dealers registered under section 336A.11. Lists will be distributed or made available
on or before the tenth day of each month or on the next business day thereafter
if the tenth day is not a business day.
(d) The secretary of state shall make the master and partial
master lists available as written or printed paper documents and may make lists
available in other forms or media, including:
(1) any electronically transmitted medium; or
(2) any form of digital media.
(e) There shall be no fee for partial or master lists
distributed via an electronically transmitted medium. The annual fee for any other form of digital
media is $200. The annual fee for paper partial
lists is $250 and $400 for paper master lists.
(f) A farm products dealer shall register pursuant to section
336A.11 by the last business day of the month to receive the monthly lists
requested by the farm products dealer for that month.
(g) If a registered farm products dealer receives a monthly
list that cannot be read or is incomplete, the farm products dealer must
immediately inform the secretary of state by telephone or e-mail of the
problem. The registered farm products
dealer shall confirm the existence of the problem by writing to the secretary
of state. The secretary of state shall
provide the registered farm products dealer with new monthly lists in the
medium chosen by the registered farm products dealer no later than five
business days after receipt of the oral notice from the registered farm
products dealer. A registered farm
products dealer is not considered to have received notice of the information on
the monthly lists until the duplicate list is received from the secretary of state
or until five days have passed since the duplicate lists were deposited in the
mail by the secretary of state, whichever comes first.
(h) On receipt of a written notice pursuant to section
336A.13, the secretary of state shall duplicate the monthly lists requested by
the registered farm products dealer. The
duplicate monthly lists must be sent to the registered farm products dealer no
later than five business days after receipt of the written notice from the registered
farm products dealer.
(i) A registered farm products dealer may request monthly
lists in one medium per registration.
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(j) Registered farm products dealers must have renewed their
registration before the first day of July each year. Failure to send in the registration before
that date will result in the farm products dealer not receiving the requested
monthly lists.
(k) Registered farm products dealers choosing to obtain
monthly lists via an electronically transmitted medium or in any form of
digital media may choose to receive all of the information for the monthly
lists requested the first month and then only additions and deletions to the
database for the remaining 11 months of the year. Following the first year of registration, the
registered farm products dealer may choose to continue to receive one copy of
the full monthly list at the beginning of each year or may choose to receive
only additions and deletions.
EFFECTIVE
DATE. This section is effective for lists
distributed pursuant to this section after October 31, 2010.
Sec. 53. Minnesota
Statutes 2008, section 336A.14, is amended to read:
336A.14 RESTRICTED USE OF
INFORMATION.
Any Social Security number information or tax identification
number information in the possession of the secretary of state is private data
on individuals or nonpublic data.
Information obtained from the seller of a farm product relative to the Social
Security number or tax identification number of the true owner of the farm
product and all information obtained from the master or limited list may not be
used for purposes that are not related to:
(1) purchase of a farm product; (2) taking a security interest
against a farm product; or (3) perfecting a farm product statutory lien.
EFFECTIVE
DATE. This section is effective October
31, 2010.
Sec. 54. Minnesota
Statutes 2009 Supplement, section 365.46, subdivision 2, is amended to read:
Subd. 2. Copies.
The county auditor shall also secretary of state shall
send a copy of the notice of the dissolution to: (1) the state demographer, (2) the Minnesota
Geospatial Information Office, (3) the chief administrative law judge of the
state Office of Administrative Hearings, and (4) the commissioner of
transportation, and (5) the commissioner of revenue.
Sec. 55. Minnesota
Statutes 2009 Supplement, section 379.05, is amended to read:
379.05 AUDITOR TO SUM UP
REPORT FOR STATE, MAKE TOWN RECORD.
Each county auditor shall within 30 days after any such town
is organized transmit by mail or appropriate digital technology to the
commissioner of revenue, the secretary of state, the state demographer,
the Minnesota Geospatial Information Office, the chief administrative law judge
of the state Office of Administrative Hearings, and the commissioner of
transportation an abstract of such report, giving the name and boundaries
of such town and record in a book kept for that purpose a full description of
each such town. The secretary of
state shall distribute copies of the abstract to the commissioner of revenue,
state demographer, the Minnesota Geospatial Information Office, the chief
administrative law judge of the state Office of Administrative Hearings, and the
commissioner of transportation.
Sec. 56. Minnesota
Statutes 2008, section 557.01, is amended to read:
557.01 NONRESIDENT, AGENT TO
ACCEPT SERVICE.
Any nonresident person or corporation owning or claiming any interest
or lien in or upon lands in the state may file with the secretary of state a
writing, executed and acknowledged in the manner of a conveyance, appointing a
resident agent, whose place of residence shall be stated, to accept service of
process or summons in any action or
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of Page 12398
proceeding in the courts of the state concerning such interest
or lien, except actions or proceedings for the collection of taxes, and
consenting that service of such process or summons upon such agent shall be
binding upon the person executing the same.
Such writing shall be recorded by the secretary. No service by publication of summons shall be
made upon any such nonresident who has complied with the provisions hereof, but
in all such cases service of such process or summons, or of any writ or notice
in the action or proceedings, shall be made upon such agent in the manner provided
by law for such service upon residents of the state, and have the same effect
as personal service within the state upon such owner or claimant; but, if such
party appears by attorneys therein, the service of papers shall thereafter be
upon such attorney. The authority of
such agent may be revoked by writing similarly executed and acknowledged and
recorded, but no revocation shall affect any action or proceeding then
pending. For filing and recording
such papers the secretary shall be entitled to 15 cents for each folio The
fee for each filing made under this section is $50.
Sec. 57. Laws
2010, chapter 189, section 35, subdivision 1, is amended to read:
Subdivision 1. Grants authorized. Within the limits of available
appropriations, the commissioner shall make grants to counties, cities,
towns, and school districts to acquire, construct, or renovate public land and
buildings and other public improvements of a capital nature for cooperative
facilities to be owned and operated by the grantees.
Sec. 58. STUDY
OF DIVISION OF STATE DEPOSITORY ACCOUNTS AND GENERAL FUND REVENUE ACCOUNT.
(a) The Carlson School of Management at the University of
Minnesota is requested to study:
(1) the feasibility of dividing the state's general fund revenue
account among community financial institutions and transferring the state's
major and minor accounts to community financial institutions in order to ensure
that state money benefits Minnesota residents;
(2) the potential economic benefit or costs of transferring
all major and minor accounts to community financial institutions; and
(3) the potential economic benefit or costs to governmental
entities as defined by Minnesota Statutes, section 118A.01, subdivision 2, from
an increase in their use of community financial institutions as defined in
clause (1).
(b) The results of the study must be reported to the
legislature by December 1, 2010.
For purposes of this section, "community financial
institution" means a federally insured bank or credit union, chartered as
a bank or credit union by the state of Minnesota or the United States, that is
headquartered in Minnesota and has no more than $2,500,000,000 in assets.
Sec. 59. GOVERNMENT EFFICIENCY AND TRANSPARENCY
STUDIES.
Subdivision 1.
Data center study. (a) The commissioner of management and
budget, in consultation with the state chief information officer, must study
and report to the chairs and ranking minority members of the house and senate
committees with jurisdiction over state government finance by January 15, 2011,
on the feasibility and estimated costs of entering into a lease or
lease-purchase agreement with a private nonprofit organization, involving a
private sector developer, to provide a centralized data center for state
agencies or to upgrade current facilities for purposes of data center
consolidation. The report must include a
potential schedule for consolidation of existing state agency data centers, and
an estimate of any savings, increased efficiencies, or performance improvements
that would be achieved through this consolidation.
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(b) In conducting the study required under paragraph (a), the
commissioner shall consult with representatives of higher education and local
government units to determine the feasibility and desirability of creating a
shared service contract for a data center.
(c) If the commissioner of management and budget and chief
information officer conclude that entering into an agreement described in
paragraph (a) is cost-beneficial, the commissioner may enter into such an
agreement notwithstanding any law to the contrary.
Subd. 2.
Transparency standards. By January 15, 2011, the chief
information officer shall report to the chairs and ranking minority members of
the legislative committees with jurisdiction over the Office of Enterprise
Technology regarding the development of the standards to enhance public access
to data required under Minnesota Statutes, section 16E.05, subdivision 4. The report must describe the process for
development of the standards, including the opportunity provided for public
comment, and specify the components of the standards that have been
implemented, including a description of the level of public use of the new
opportunities for data access under the standards.
Sec. 60. REQUEST FOR PROPOSALS.
(a) The commissioner of revenue shall issue a request for
proposals for a contract to implement a system of tax analytics and business
intelligence tools to enhance the state's tax collection process and revenues
by improving the means of identifying candidates for audit and collection
activities and prioritizing those activities to provide the highest returns on
auditors' and collection agents' time.
The request for proposals must require that the system recommended and
implemented by the contractor:
(1) leverage the Department of Revenue's existing data and
other available data sources to build models that more effectively and
efficiently identify accounts for audit review and collections;
(2) leverage advanced analytical techniques and technology such
as pattern detection, predictive modeling, clustering, outlier detection, and
link analysis to identify suspect accounts for audit review and collections;
(3) leverage a variety of approaches and analytical
techniques to rank accounts and improve the success rate and the return on
investment of department employees engaged in audit activities;
(4) leverage technology to make the audit process more
sustainable and stable, even with turnover of department auditing staff;
(5) provide optimization capabilities to more effectively
prioritize collections and increase the efficiency of employees engaged in
collections activities; and
(6) incorporate mechanisms to decrease wrongful auditing and
reduce interference with Minnesota taxpayers who are fully complying with the
laws.
(b) Based on acceptable responses to the request for
proposals, the commissioner shall enter into a contract for the services
specified in paragraph (a) by July 1, 2012.
The contract must incorporate a performance-based vendor financing
option whereby the vendor shares in the risk of the project's success.
EFFECTIVE
DATE. This section is effective July 1,
2011.
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Sec. 61. COMMISSION ON SERVICE INNOVATION.
The governor shall appoint a Commission on Service Innovation
to produce a strategic plan to reengineer the delivery of state and local
government services, including the realignment of service delivery by region
and proximity, the use of new technologies, shared facilities, and other means
of improving efficiency. The plan shall
also provide a process to review and modify recommendations at regular
intervals in the future based on specific results measured at regular
intervals. The plan shall also include
any proposed legislation necessary to implement the commission's
recommendations.
Sec. 62. COST RECOVERY.
During the biennium ending June 30, 2011, the chief information
officer of the Office of Enterprise Technology may bill executive branch state
agencies and offices for any increased costs the office incurs in implementing
amendments to Minnesota Statutes, chapter 16E, in this act. Amounts received by the office under this
section are appropriated to the office for purposes of implementing Minnesota
Statutes, chapter 16E, in the manner specified in this act.
Sec. 63. BUSINESS INTELLIGENCE AND INFORMATION
ANALYTICS.
The Legislative Coordinating Commission must ensure that the
house of representatives and the senate have improved ability to access and
analyze public data contained in executive branch accounting, procurement, and
budget systems. The commission must
issue a request for information or a request for proposals for the legislature
to obtain business intelligence and information analytics software or software
services.
Sec. 64. PREDESIGN.
Minnesota Statutes, section 16B.335, subdivision 3, does not
apply to projects under Laws 2010, chapter 189, section 19, subdivision 4.
Sec. 65. APPROPRIATIONS;
ASSISTIVE VOTING EQUIPMENT AND VOTE-COUNTING EQUIPMENT.
Subdivision 1.
Operating grants. $300,000 is appropriated in fiscal
year 2010 from the Help America Vote Act account to the secretary of state for
grants to counties to defray operating costs of the assistive voting equipment
and vote-counting equipment in each polling place. This appropriation is available until
spent. Grants of up to $300 per polling
place may be made until this appropriation is exhausted. If the grant requests exceed the
appropriation available, the secretary of state shall prorate the grant amounts
to each eligible county to match the amount available.
Subd. 2.
Grant application. To receive a grant under this
subdivision, a county must apply to the secretary of state on forms prescribed
by the secretary of state that set forth how the grant money will be
spent. Grant applications for operating
costs for the 2010 elections must be received by the secretary of state by August
1, 2010. Grant awards must be made to
the counties by December 1, 2010. If
funds remain from this appropriation, the secretary may also make grants
available for the 2012 election, with grant applications due by March 1, 2012,
and grants made to counties by June 30, 2012.
Subd. 3.
Eligibility. To be eligible to apply for a grant
under this section, a county must have fewer than 50,000 registered voters as
of January 1, 2010, and must have less than $300 per polling place that was
used in the 2008 general election as a balance, including any interest earned
on the account, in its Help America Vote Act account from funds distributed to
it in 2005.
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Subd. 4. Report. Each county receiving a grant under
this section must include the expenditures it has made on the appropriate Help America
Vote Act reports submitted to the secretary of state. If a county does not use the funds it has
received under this section by June 30, 2013, it must return the funds to the
secretary of state. In addition to the
report required by this section, each county receiving a grant under this act
must maintain financial records for each grant sufficient to satisfy federal
audit standards and must transmit those records to the secretary of state upon
request of the secretary of state. The
secretary of state must report by January 15, 2011, and January 15, 2013, to
the chairs and ranking minority members of the house of representatives and
senate funding divisions with jurisdiction over the Office of the Secretary of
State on the amount of grants made to each county receiving a grant under this
section in the prior calendar year.
Subd. 5. Operating
costs. "Operating
costs" include actual county and municipal costs for hardware maintenance,
election day technical support, software licensing, system programming, voting
system testing, training of county or municipal staff in the use of voting
equipment, and transportation of and storage of the voting equipment.
EFFECTIVE DATE. This section is effective the day following final
enactment.
Sec. 66. APPROPRIATIONS;
OPTICAL SCAN EQUIPMENT.
Subdivision 1. Optical
scan voting equipment grants. $2,100,000
is appropriated in fiscal year 2010 from the Help America Vote Act account to
the secretary of state for grants to counties to purchase optical scan voting
equipment. This appropriation is
available until spent. If the grant
requests exceed the appropriation available, the secretary of state shall
prorate the grant amounts to each eligible county to match the amount
available.
Subd. 2. Grant
application. To receive a
grant under this section, a county must apply to the secretary of state on
forms prescribed by the secretary of state that set forth how the grant money
will be spent. Applications for grants
under this section must be submitted to the secretary of state by December 1,
2010, and be for purchases made prior to March 31, 2014. Any funds granted to a county and not spent
by June 30, 2014, must be returned to the secretary of state and the Help
America Vote Act account.
Subd. 3. Eligibility. A county is eligible to apply for a
grant of up to $4,000 per precinct to replace precinct-based optical scan vote
counters if the vote counter was purchased prior to December 31, 2002, and the
county received no federal or state funds to defray the cost of that
purchase. Counties must agree to provide
a 50 percent match for any state and federal funds granted through this grant
application.
Subd. 4. Report. Each county receiving a grant under
this section must include the expenditures it has made on the appropriate Help
America Vote Act reports submitted to the secretary of state. If a county does not use the funds it has
received under this section by June 30, 2014, it must return the funds to the
secretary of state. In addition to the
report required by this section, each county receiving a grant under this act
must maintain financial records for each grant sufficient to satisfy federal
audit standards and must transmit those records to the secretary of state upon
request of the secretary of state. The
secretary of state must report by January 15 each year through 2014 to the
chairs and ranking minority members of the house of representatives and senate
funding divisions with jurisdiction over the Office of the Secretary of State
on the amount of grants made to each county receiving a grant under this
section in the prior calendar year.
EFFECTIVE DATE. This section is effective the day following final
enactment.
Sec. 67. REPEALER.
(a) Laws 2005, chapter 162,
section 34, subdivision 2, as amended by Laws 2009, chapter 101, article 2,
section 95, is repealed.
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of Page 12402
(b) Minnesota Statutes 2009 Supplement, section 645.44,
subdivision 19, is repealed.
(c) Minnesota Statutes 2008, section 211B.15, subdivision 12,
is repealed.
Sec. 68. EFFECTIVE DATE.
Section 23 is effective July 1, 2010, and applies to grant
agreements entered into and to appropriations received after that date. The repeal of Minnesota Statutes, section
211B.15, subdivision 12, is effective the day following final enactment.
ARTICLE 2
STRATEGIC PLAN
Section 1. STRATEGIC PLAN REPORT.
By January 15, 2011, the Minnesota Innovation and Research
Council shall report to the governor and the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over
state government policy and finance with a strategic plan containing findings
and recommendations to improve state and local government delivery of public
services. The strategic plan must
specify:
(1) how to enhance the public involvement and input as the
public uses state and local government services and public schools;
(2) how technology can be leveraged to reduce costs and
enhance quality;
(3) how service innovation will increase value or results per
dollar spent; and
(4) the design for a platform that will facilitate
high-quality innovation and evaluate state and local government structural
redesign in the future.
The strategic plan shall also provide a process to review and
modify recommendations at regular intervals in the future based on specific
results measured at regular intervals.
The strategic plan shall also include any proposed legislation
necessary to implement the council's recommendations.
ARTICLE 3
MINNESOTA INNOVATION AND RESEARCH COUNCIL
Section 1. Minnesota
Statutes 2008, section 3.971, is amended by adding a subdivision to read:
Subd. 9.
Recommendations to the
Minnesota Innovation and Research Council.
The legislative auditor may make recommendations to the Minnesota
Innovation and Research Council established under section 465.7902 that will
assist the council in accomplishing its duties.
Sec. 2. [465.7901] DEFINITIONS.
Subdivision 1.
Agency. "Agency" means a department,
agency, board, or other instrumentality of state government that has
jurisdiction over an administrative rule or law from which a waiver is sought
under section 465.7903. If no specific
agency has jurisdiction over such a law, agency refers to the attorney general.
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Subd. 2. Council. "Council" means the
Minnesota Innovation and Research Council established by section 465.7902.
Subd. 3. Local
government unit. "Local
government unit" means a county, home rule charter or statutory city,
school district, town, or special taxing district.
Subd. 4. Metropolitan
agency. "Metropolitan
agency" has the meaning given in section 473.121, subdivision 5a.
Subd. 5. Metropolitan
area. "Metropolitan
area" has the meaning given in section 473.121, subdivision 2.
Subd. 6. Metropolitan
Council. "Metropolitan
Council" means the Metropolitan Council established by section 473.123.
Subd. 7. Scope. As used in sections 465.7901 to
465.7907 and 465.805 to 465.808, the terms defined in this section have the
meanings given them.
Sec. 3. [465.7902]
MINNESOTA INNOVATION AND RESEARCH COUNCIL.
Subdivision 1. Membership. The Minnesota Innovation and Research
Council consists of 15 members, appointed as follows:
(1) two members of the
senate, appointed by the Subcommittee on Committees of the Senate Committee on
Rules and Administration, one member of the majority caucus and one member of
the largest minority caucus;
(2) two members of the house
of representatives, appointed by the speaker of the house, one member of the
majority caucus and one member of the largest minority caucus;
(3) the commissioner of
management and budget;
(4) the commissioner of
administration;
(5) the state chief
information officer;
(6) an administrative law
judge appointed by the chief administrative law judge;
(7) the state auditor;
(8) two members with a
background in academic research concerning system redesign and delivery,
including one member appointed by the chancellor of the Minnesota State
Colleges and Universities and one member appointed by the president of the
University of Minnesota;
(9) one member with
experience in the leadership of nonprofit organizations, appointed by the
Minnesota Council of Nonprofits;
(10) one member with
experience in foundation leadership appointed by the Minnesota Council on
Foundations;
(11) one member with
experience as a leader of a for-profit corporation, appointed by the Minnesota
Chamber of Commerce; and
(12) one member representing
public employees appointed by the American Federation of State, County and
Municipal Employees.
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All members
must have experience or interest in the work of system redesign or public
sector innovation. The legislative
members serve as nonvoting members. Only
members designated in clauses (3) to (7) may vote on proposed rule or law
waivers under section 465.7903. A
commissioner serving on the council may designate an employee from the
commissioner's agency to serve as the commissioner's designee. A person registered as a lobbyist under
chapter 10A may not be a member of the council.
Subd. 2.
Duties of council. The council shall:
(1) accept applications from local government units and
nonprofit organizations for waivers of administrative rules and temporary,
limited exemptions from enforcement of procedural requirements in state law as
provided in section 465.7903, and determine whether to approve, modify, or
reject the application;
(2) accept applications for grants to local government units
and related organizations proposing to design models or plans for innovative
service delivery and management as provided in section 465.7905, and determine
whether to approve, modify, or reject the application;
(3) accept applications from eligible local government units
for service-sharing grants as provided in section 465.7905, and determine
whether to approve, modify, or reject the application;
(4) make recommendations to the legislature for the
authorization of pilot projects for the implementation of innovative service delivery
activities that require statutory authorization;
(5) make recommendations to the legislature regarding the
elimination of state mandates that inhibit local government efficiency,
innovation, and cooperation by prescribing specific processes for achieving a
desired outcome;
(6) investigate and review the role of unfunded state
mandates in intergovernmental relations and assess their impact on state and
local government objectives and responsibilities;
(7) make recommendations to the governor and the legislature
regarding:
(i) allowing flexibility for local units of government in
complying with specific unfunded state mandates for which terms of compliance
are unnecessarily rigid or complex;
(ii) reconciling any two or more unfunded state mandates that
impose contradictory or inconsistent requirements;
(iii) terminating unfunded state mandates that are
duplicative, obsolete, or lacking in practical utility;
(iv) suspending, on a temporary basis, unfunded state
mandates that are not vital to public health and safety and that compound the
fiscal difficulties of local units of government, including recommendations for
initiating the suspensions;
(v) consolidating or simplifying unfunded state mandates or
the planning or reporting requirements of the mandates, in order to reduce
duplication and facilitate compliance by local units of government with those
mandates; and
(vi) establishing common state definitions or standards to be
used by local units of government in complying with unfunded state mandates
that use different definitions or standards for the same terms or principles;
(8) identify relevant unfunded state mandates;
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(9) facilitate proposals for grants made by eligible
applicants; and
(10) make recommendations on topics to the Legislative Audit
Commission for program evaluations that are likely to result in recommendations
that will improve the cost-effective delivery of government services.
The duties imposed under clauses (6) to (10) must be performed
to the extent possible given existing resources. Each recommendation under clause (7) must, to
the extent practicable, identify the specific unfunded state mandates to which
the recommendation applies. The
commissioners or directors of state agencies responsible for the promulgation
or enforcement of the unfunded mandates addressed in clauses (5) to (10) shall
assist the council in carrying out the council's duties under this section.
Subd. 3.
Additional coordinating
functions. The council may
also:
(1) serve as a clearinghouse for existing ideas and
information from community leaders;
(2) provide a Web site where interested parties may share
information and practices;
(3) receive recommendations from the legislative auditor
concerning waivers and other initiatives within the council's jurisdiction;
(4) conduct research concerning innovation in service delivery
and local government efficiency, innovation, and cooperation;
(5) facilitate regional dialogue concerning successful
innovation and collaboration; and
(6) use its best efforts to maximize public involvement in its
work, including the use of best practices in social media.
Subd. 4.
Staff. The council shall hire an executive
director who serves as the state's chief innovation officer. The council may hire other staff or
consultants as necessary to perform its duties.
The commissioner of administration must provide administrative support
services to the council.
Subd. 5.
Terms, compensation, and
removal. Members serve at the
pleasure of the appointing authority.
Compensation of members is governed by section 15.0575, unless otherwise
provided.
Sec. 4. [465.7903] RULE AND LAW WAIVER REQUESTS.
Subdivision 1.
Generally. (a) Except as provided in paragraph
(b), a local government unit or a nonprofit organization may request the
Minnesota Innovation and Research Council to grant a waiver from one or more administrative
rules or a temporary, limited exemption from enforcement of state procedural
laws governing delivery of services by the local government unit or nonprofit
organization. Two or more local
government units may submit a joint application for a waiver or exemption under
this section if they propose to cooperate in providing a service or program
that is subject to the rule or law.
Before a local unit of government may submit an application to the
council, the governing body of the local government unit must approve, in
concept, the proposed waiver or exemption at a meeting required to be public
under chapter 13D. A waiver or exemption
granted to a nonprofit organization under this section applies to services
provided to all of the organization's clients.
(b) A school district that is granted a variance from rules of
the commissioner of education under section 122A.163 need not apply to the
council for a waiver of those rules under this section. A school district may not seek a waiver of rules
under this section if the commissioner of education has authority to grant a
variance to the rules under section 122A.163.
This paragraph does not preclude a school district from being included
in a cooperative effort with another local government unit under this section.
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Subd. 2.
Application. (a) A local government unit or
nonprofit organization requesting a waiver of a rule or exemption from
enforcement of a law under this section shall present a written application to
the council. The application must
include:
(1) identification of the service or program at issue;
(2) identification of the administrative rule or the law
imposing a procedural requirement with respect to which the waiver or exemption
is sought; and
(3) a description of the improved service outcome sought,
including an explanation of the effect of the waiver or exemption in accomplishing
that outcome.
(b) A local government unit submitting an application must
provide a copy to the exclusive representative certified under section 179A.12
to represent employees who provide the service or program affected by the
requested waiver or exemption.
Subd. 3.
Review process. (a) Upon receipt of an application,
the council shall commence review of the application, as provided in this
subdivision. The council shall dismiss
an application if it finds that the application proposes a waiver of rules or
exemption from enforcement of laws that would result in due process violations,
violations of federal law or the state or federal constitution, or the loss of
services to people who are entitled to them.
If the council does not dismiss an application, the council must publish
notice in the State Register before it acts on the application. The notice must list the name of the local
government unit or nonprofit organization requesting the waiver or exemption,
the service or program at issue, and the rule or law with respect to which the
waiver of exemption is sought.
(b) The council shall determine whether a law from which an
exemption for enforcement is sought is a procedural law, specifying how a local
government unit or nonprofit organization is to achieve an outcome, rather than
a substantive law prescribing the outcome or otherwise establishing
policy. For the purposes of this
section, "procedural law" does not include a statutory notice requirement. In making its determination, the council shall
consider whether the law specifies such requirements as:
(1) who must deliver a service;
(2) where the service must be delivered;
(3) to whom and in what form reports regarding the service
must be made; and
(4) how long or how often the service must be made available
to a given recipient.
(c) If a member of the council also is a commissioner, a
commissioner's designee, or the state auditor, or is employed by an agency with
jurisdiction over a rule or law affected by an application, the member must not
participate in the decision on the particular waiver or exemption.
(d) If the application is submitted by a local government
unit or a nonprofit organization in the metropolitan area or the unit or nonprofit
organization requests a waiver of a rule or temporary, limited exemptions from
enforcement of a procedural law over which the Metropolitan Council or a
metropolitan agency has jurisdiction, the council shall also transmit a copy of
the application to the Metropolitan Council for review and comment. The Metropolitan Council shall report its
comments to the council within 60 days of the date the application was
transmitted to the Metropolitan Council.
The Metropolitan Council may point out any resources or technical
assistance it may be able to provide a local government unit or nonprofit
organization submitting a request under this section.
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(e) Within 15 days after receipt of the application, the
council shall transmit a copy of it to the commissioner of each agency having
jurisdiction over a rule or law from which a waiver or exemption is
sought. The agency may mail a notice
that it has received an application for a waiver or exemption to all persons
who have registered with the agency under section 14.14, subdivision 1a,
identifying the rule or law from which a waiver or exemption is requested. If no agency has jurisdiction over the rule
or law, the council shall transmit a copy of the application to the attorney
general. The agency shall inform the
council of its agreement with or objection to and grounds for objection to the
waiver or exemption request within 60 days of the date when the application was
transmitted to it. An agency's failure
to respond under this paragraph is considered agreement to the waiver or
exemption. The council shall decide
whether to grant a waiver or exemption at its next regularly scheduled meeting
following its receipt of an agency's response or the end of the 60-day response
period. If consideration of an
application is not concluded at that meeting, the matter may be carried over to
the next meeting of the council.
Interested persons may submit written comments and requests to present
oral comments to the council on the waiver or exemption request up to the time
of its vote on the application.
(f) If the exclusive representative of the affected employees
of the requesting local government unit objects to the waiver or exemption
request, it may inform the council of the objection to and the grounds for the
objection to the waiver or exemption request within 60 days of the receipt of
the application.
Subd. 4.
Hearing. If the agency or the exclusive
representative does not agree with the waiver or exemption request, the council
shall set a date for a hearing on the application. The hearing must be conducted informally at a
meeting of the council. Persons representing
the local government unit shall present their request for the waiver or
exemption, and a representative from the agency shall explain the agency's
objection to the waiver or exemption.
Members of the council may request additional information from either
party. The council may also request,
either before or at the hearing, information or comments from representatives
of business, labor, local governments, state agencies, consultants, and members
of the public. If a member of the public
requests to present comments or information at the hearing, the council must
permit the member of the public an opportunity to present the comments or
information. If necessary, the hearing
may be continued at a subsequent council meeting. A waiver or exemption requires a majority
vote of the council members. The council
may modify the terms of the waiver or exemption request in arriving at the
agreement required under subdivision 5.
Subd. 5.
Conditions of agreements. (a) If the council grants a request
for a waiver or exemption, the council and the entity making the request shall
enter into an agreement providing for the delivery of the service or program
that is the subject of the application.
The agreement must specify desired outcomes and the means of measurement
by which the council will determine whether the outcomes specified in the
agreement have been met. The agreement
must specify the duration of the waiver or exemption. The duration of a waiver from an
administrative rule may be for no less than two years and no more than four
years, subject to renewal if both parties agree. An exemption from enforcement of a law
terminates ten days after adjournment of the regular legislative session held
during the calendar year following the year when the exemption is granted,
unless the legislature has acted to extend or make permanent the exemption.
(b) If the council grants a waiver or exemption, it must
report the waiver or exemption to the legislature, including the chairs of the
governmental operations and appropriate policy committees in the house of
representatives and senate, and the governor within 30 days.
(c) The council may reconsider or renegotiate the agreement
if the rule or law affected by the waiver or exemption is amended or repealed
during the term of the original agreement.
A waiver of a rule under this section has the effect of a variance
granted by an agency under section 14.055.
The recipient of an exemption from enforcement of a procedural
requirement in state law under this section is exempt from that law for the
duration of the exemption. The council
may require periodic reports from the recipient, or conduct investigations of
the service or program.
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Subd. 6.
Enforcement. If the council finds that the
recipient of a waiver or an exemption has failed to comply with the terms of
the agreement under subdivision 5, it may rescind the agreement. After an agreement is rescinded, the
recipient is subject to the rules and laws covered by the agreement.
Subd. 7.
Access to data. If the recipient of a waiver or an
exemption through a cooperative program under this section gains access to data
that is classified as not public, the access to and use of the data for the
recipient is governed by the same restrictions on access to and use of the data
that apply to the unit that collected, created, received, or maintained the
data.
Sec. 5. [465.7904] WAIVERS OF STATE RULES; POLICIES.
Subdivision 1.
Application. A state agency may apply to the
council for a waiver from:
(1) an administrative rule or policy adopted by the
commissioner of management and budget that deals with the state personnel
system;
(2) an administrative rule or policy of the commissioner of
administration that deals with the state procurement system; or
(3) a policy of the commissioner of management and budget that
deals with the state accounting system.
Two or more state agencies may submit a joint application. A waiver application must identify the rule
or policy at issue, and must describe the improved outcome sought through the
waiver.
Subd. 2.
Review process. (a) The council shall review all
applications submitted under this section.
The council shall dismiss an application if it finds that the
application proposes a waiver that would result in due process violations,
violations of federal law or the state or federal constitution, or the loss of
services to people who are entitled to them.
If a proposed waiver would violate the terms of a collective bargaining
agreement effective under chapter 179A, the waiver is not effective without the
consent of the exclusive representative that is a party to the agreement. The council may approve a waiver only if the
council determines that if the waiver is granted: (1) services can be provided in a more
efficient or effective manner; and (2) services related to human resources must
be provided in a manner consistent with section 43A.01. In the case of a waiver from a policy of the
commissioner of management and budget, the council may approve the waiver only
if it determines that services will be provided in a more efficient or
effective manner and that state funds will be adequately accounted for and safeguarded
in a manner that complies with generally accepted government accounting
principles.
(b) Within 15 days of receipt of the application, the council
shall send a copy of the application to:
(1) the agency whose rule or policy is involved; and (2) all exclusive
representatives who represent employees of the agency requesting the
waiver. The agency whose rule or policy
is involved may mail a copy of the application to all persons who have
registered with the agency under section 14.14, subdivision 1a.
(c) The agency whose rule or policy is involved, or an
exclusive representative, shall notify the council of its agreement with or
objection to and grounds for objection to the waiver within 60 days of the date
when the application was transmitted to the agency or the exclusive
representative. An agency's or exclusive
representative's failure to respond under this paragraph is considered
agreement to the waiver.
(d) If the agency or the exclusive representative objects to the
waiver, the council shall schedule a meeting at which the agency requesting the
waiver may present its case for the waiver and the objecting party may
respond. The council shall decide
whether to grant a waiver at its next regularly scheduled meeting following its
receipt of an agency's response, or the end of the 60-day response period,
whichever occurs first. If consideration
of an application is not concluded at the meeting, the matter may be carried
over to the next meeting of the council.
Interested persons may submit written comments to the council on the
waiver request.
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(e) If the council grants a
request for a waiver, the council and the agency requesting the waiver shall
enter into an agreement relating to the outcomes desired as a result of the
waiver and the means of measurement to determine whether those outcomes have
been achieved with the waiver. The
agreement must specify the duration of the waiver, which must be for at least
two years and not more than four years.
If the council determines that an agency that has received a waiver is
failing to comply with the terms of the agreement, the council may rescind the
agreement.
Subd. 3. Participation. If a waiver request involves a rule or
policy adopted by an official specified in section 465.7902, subdivision 1,
clauses (3) to (7), that official may not participate in the evaluation of that
waiver request.
Sec. 6. [465.7905]
INNOVATION AND REDESIGN GRANTS.
Subdivision 1. Application. One or more local units of government,
an association of local governments, the Metropolitan Council, a local unit of
government acting in conjunction with an organization or a state agency, an
organization established by two or more local units of government under a joint
powers agreement, or a not-for-profit organization may apply to the Minnesota
Innovation and Research Council for a grant to be used to: (1) develop models for service redesign;
or (2) meet the start-up costs of providing shared services or functions. Agreements solely to make joint purchases do
not qualify for grants. The application
must specify a nonstate funding source for 25 percent of the total cost of the
proposal. The application to the council
must state what other sources of funding have been considered by the local
units of government to implement the project and explain why it is not possible
to complete the project without assistance from the council. The council may not award a grant if it
determines that the local units of government could complete the project
without council assistance or if it determines the applicant has not specified
a nonstate funding source for 25 percent of the total cost. A copy of the application must be provided by
the units to the exclusive representatives certified under section 179A.12 to represent
employees who provide the service or program affected by the application.
Subd. 2. Proposals. (a) Proposed models for service
redesign may provide options to local governments, neighborhood or community
organizations, other not-for-profit organizations, or individuals to redesign
service delivery. In awarding grants
under this paragraph, the council must consider whether the proposal:
(1) expands consumer choices
and opportunities;
(2) shifts government toward
an expanded role as a purchaser, rather than a provider, of services;
(3) reduces administrative
costs through statewide or regional contracting, or related administrative
efficiencies;
(4) reduces administrative
costs through the accumulation of multiple related services into a single
contract with one provider, or related administrative efficiencies;
(5) fosters entrepreneurial
leadership in the public sector; and
(6) increases value to the
taxpayer or results per dollar spent.
(b) A proposal for a grant
for shared services or functions must include plans to fully integrate a
service or function provided by two or more local government units. The proposal must include how value to the
taxpayer or results per dollar spent will be impacted.
Subd. 3. Requirements. A copy of the work product for which the
grant was provided must be furnished to the council upon completion, and the
council may disseminate it to other local units of government or interested
groups. If the council finds that the
work was not completed or implemented according to the terms of the grant
agreement, it may require the grantee to repay all or a portion of the
grant. The council shall award grants on
the basis of each
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qualified applicant's score
under the scoring system in section 465.7906.
The amount of a grant under subdivision 2, paragraph (a), may not exceed
$250,000. The amount of a grant under
subdivision 2, paragraph (b), may not exceed $100,000.
Sec. 7. [465.7906] SCORING SYSTEM.
In deciding whether to award a grant under section 465.7905,
the council shall use the following scoring system:
(1) Up to 15 points must be awarded to reflect the extent to
which the application demonstrates creative thinking, careful planning,
cooperation, involvement of the clients of the affected service, and commitment
to persist through challenges.
(2) Up to 25 points must be awarded to reflect the extent to
which the proposed project is likely to improve the quality of the service,
increase value to the taxpayers or results per dollar spent, and to have
benefits for other local governments.
(3) Up to 15 points must be awarded to reflect the extent to
which the application's budget provides sufficient detail, maximizes the use of
state funds, documents the need for financial assistance, commits to local
financial support, and limits expenditures to essential activities.
(4) Up to 15 points must be awarded to reflect the extent to
which the application reflects the statutory goal of the grant program.
(5) Up to 15 points must be awarded to reflect the merit of
the proposed project and the extent to which it warrants the state's financial
participation.
(6) Up to five points must be awarded to reflect the cost to
benefit ratio projected for the proposed project.
(7) Up to five points must be awarded to reflect the number of
government units participating in the proposal.
(8) Up to five points must be awarded to reflect the minimum length
of time the application commits to implementation.
Sec. 8. [465.7907] REPAYMENT OF GRANTS.
Subdivision 1.
Repayment procedures. Without regard to whether a grant
recipient offered to repay the grant in its original application, as part of a
grant awarded under section 465.7905, the council may require the grant
recipient to repay all or part of the grant if the council determines the
project funded by the grant resulted in an actual savings for the participating
local units of government. The grant
agreement must specify how the savings are to be determined and the period of
time over which the savings will be used to calculate a repayment
requirement. The repayment of grant
money under this section must not exceed an amount equal to the total savings
achieved through the implementation of the project.
Subd. 2.
Bonus points. In addition to the points awarded to
competitive grant applications under section 465.7906, the council shall award
additional points to any applicant that projects a potential cost savings
through the implementation of its project and offers to repay part or all of
the grant under the formula in subdivision 1.
Subd. 3.
Use of repayment revenue. All grant money repaid to the council
under this section is appropriated to the council for additional grants
authorized by section 465.7905.
Sec. 9. [465.805] POLICY INNOVATION AND
RESEARCH.
Subdivision 1.
Research topics. The council shall periodically select
policy innovation topics suitable for review and analysis by a consortium of
independent organizations. Topics may
include general or specific functions of state government. The council shall give primary consideration
to areas of concern where a comprehensive
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12411
review and analysis of available research is likely to yield
recommendations for policy changes that will provide significant efficiencies
and improvements in the operation of state government and an increase in value
to the taxpayer. Legislators and
legislative committees may provide the council with recommendations for
topics. The council shall make the final
determination regarding the selection of topics under this section.
Subd. 2.
Request for proposal process. (a) After making the determination of
a research topic under subdivision 1, the council shall prepare a request for
proposal relating to the topic that specifies:
(1) the precise topic and scope of the research required for
the report to the commission;
(2) the deadlines for the response to the request for
proposal and for the subsequent report; and
(3) any other restrictions or guidelines required by the
commission.
The council shall make the request for proposal publicly
available and must review responses from any interested party. A group of individuals or organizations may
submit a response. The council may
encourage the development of a collaborative design lab containing a
cross-section of researchers and public sector designers from various
nonprofits, businesses, foundations, and education institutions to respond to
the request for proposal.
(b) After the deadline for submission of responses has
expired, the council must hold a hearing to consider all submissions. The council shall consider the following
factors in selecting a response to the request for proposal:
(1) the experience and training of individuals and
organizations who will prepare the report to the commission;
(2) the reliability and credibility of individuals and
organizations who will prepare the report;
(3) the proposed method of research; and
(4) the resources available for the preparation of the
report.
(c) After consideration and hearing of the responses to the
request for proposal, the council may:
(1) select a submission;
(2) revise the original request for proposal and extend the
deadline for responses; or
(3) terminate the request for proposal process for the
selected topic.
The chief innovation officer shall periodically communicate
with the researchers to make sure they are focused on answering the questions
outlined in the request for proposals.
Subd. 3.
Reports to council. The council shall hold a hearing to
receive a report prepared under this section and shall ensure that the governor
and the relevant committees in the legislature are provided with notice of the
report and an opportunity to review the report, including an opportunity for
additional hearings.
Sec. 10. [465.808] RECEIPTS; APPROPRIATION.
(a) The council may charge a fee for the use of services
provided by the council's staff. The
receipts from fees charged under this section are deposited in a special revenue
account and appropriated to the council for services provided under sections
465.7901 to 465.808.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12412
(b) The council may accept
gifts and grants. Money received under
this paragraph is deposited in a special revenue account and appropriated to
the council for services provided under sections 465.7901 to 465.808.
Sec. 11. [465.809]
GUARANTEEING INCREASED VALUE TO THE TAXPAYER.
Subdivision 1. Report. The council shall report by January 15
each year to the governor and appropriate committees of the house of
representatives and senate on its activities.
The report shall include the amount of the council's net spending, the
amount of savings and the increased outcomes to the taxpayer that was
identified by the council, and the actual documented savings to state and local
governments. Entities receiving grants
or waivers from the council must document and verify savings to the taxpayer
from the previous year's budgets.
Subd. 2. Savings
and increased value. The
council must make every effort to obtain $3 in savings and show increased value
to the taxpayer for each net state dollar spent by the council.
Subd. 3. Innovative
practices. The council shall
promote and drive innovative practices and must make annual recommendations to
the legislature. One or all of these
recommendations may be in partnership with individuals, foundations,
nonprofits, or businesses. The council
may make endorsements of proposals of individuals, foundations, nonprofits, or
businesses when making recommendations.
The council must make annual recommendations to:
(1) recommend at least $20
in savings and show increased outcomes to the taxpayer for each net state
dollar spent by the council. These
savings may be spread out over various budget items;
(2) recommend policy changes
that will quantifiably improve desired outcome attainment to the taxpayer as
compared to dollars spent. This shall
not be limited to efficiency but may also include developing new approaches to
achieve desired outcomes;
(3) highlight existing
innovative practices or partnerships in the state; and
(4) recommend innovative
models, which may include state and local government structural redesign, from
across the country to the legislature; highlight innovative practices from past
or contemporary reports; recommend evidence-based service delivery methods for
this state; or recommend theory-based working models of approaches to policy.
Sec. 12. APPROPRIATIONS.
$50,000 is appropriated from
the general fund for the fiscal year ending June 30, 2011, to the Minnesota
Innovation and Research Council for the following purposes:
(1) operation and
administration of the council;
(2) grants for models for
service redesign;
(3) grants for shared
services and functions;
(4) policy innovation and
research; and
(5) the strategic plan
report under article 2, section 1.
The appropriations in this
section are contingent on receiving a dollar-for-dollar match from private
sources. This is a onetime
appropriation.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12413
Sec. 13. REPEALER.
Minnesota Statutes 2008, section 6.80, is repealed."
Delete the title and insert:
"A bill for an act relating to government operations; setting
date for the legislature to meet in even years; providing for monitoring
management of permanent school fund lands; increasing the number of members on
the Legislative Commission on Pensions and Retirement; defining certain powers
of the Council on Black Minnesotans; allowing the legislative auditor to
recover costs for certain financial audits; providing mapped data on
expenditures; increasing agency deposit receipts; setting conditions for
recipients of state grants and appropriations; establishing conditions for
disposal of state-owned buildings; establishing requirements for financing
agreements for state projects; requiring conditions for fleet management
activities; adding duties of the chief information officer; allowing
expenditures associated with the combined charities campaign; modifying
provisions for groundwater quality monitoring and resource recovery; modifying
secretary of state records provisions; enhancing the state's tax collection
process; creating Commission on Service Innovation; modifying provisions for
campaign finance; requiring a strategic plan to improve state and local
government delivery of services; establishing the Minnesota Innovation and
Research Council; requiring certain studies; appropriating money; amending
Minnesota Statutes 2008, sections 3.303, by adding a subdivision; 3.85,
subdivision 3; 3.9225, subdivision 5; 3.971, by adding a subdivision; 10A.01,
subdivision 18, by adding subdivisions; 10A.12, by adding a subdivision;
10A.20, subdivisions 2, 4, 12; 10A.27, by adding subdivisions; 16A.125,
subdivision 5; 16A.275; 16B.24, subdivision 3; 16B.322, subdivisions 4, 5;
16C.055, subdivision 2; 16E.04, subdivision 2; 16E.05, by adding a subdivision;
43A.50, subdivision 2; 79.34, subdivision 1; 103F.755; 103H.175, as amended;
115A.15, subdivisions 4, 9, 10; 127A.30, subdivision 2; 211B.01, subdivision 3;
211B.04; 211B.15, subdivisions 2, 3; 216B.16, by adding a subdivision; 307.08,
subdivision 5; 318.02, subdivision 1; 336.9-531; 336A.08, subdivisions 1, 4;
336A.14; 557.01; Minnesota Statutes 2009 Supplement, sections 16B.322,
subdivisions 4a, 4b, 4c; 16E.02, subdivision 1; 365.46, subdivision 2; 379.05;
Laws 2010, chapter 189, section 35, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 3; 5; 10; 10A; 16A; 16B; 465; repealing
Minnesota Statutes 2008, sections 6.80; 211B.15, subdivision 12; Minnesota
Statutes 2009 Supplement, section 645.44, subdivision 19; Laws 2005, chapter
162, section 34, subdivision 2, as amended."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Ways and Means.
The report was adopted.
SECOND READING OF HOUSE
BILLS
H. F. No. 2866 was read for
the second time.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested
immediate consideration of S. F. No. 3019.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12414
S. F. No. 3019, A bill for an act relating to
human services; authorizing a rate increase for publicly owned nursing
facilities; changing the all-inclusive care for the elderly program (PACE);
requiring a local share of nonfederal medical assistance costs; appropriating
money; amending Minnesota Statutes 2008, sections 256B.19, by adding a
subdivision; 256B.441, by adding a subdivision; Minnesota Statutes 2009
Supplement, section 256B.69, subdivision 23.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 94 yeas and 38
nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kiffmeyer
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Brod
Buesgens
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kohls
Lanning
Loon
Mack
Magnus
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Westrom
Zellers
The bill was passed and its title agreed to.
Pursuant to rule 1.22, Solberg requested immediate
consideration of S. F. No. 2885.
S. F. No. 2885 was reported to the House.
Brod moved to amend
S. F. No. 2885, the first engrossment, as follows:
Page 1, delete lines 12 and
13 and insert "and applies to testimony offered and opinions or reports
prepared for cases filed after that date."
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12415
Page 2,
delete lines 9 and 10 and insert "and applies to testimony offered and
opinions or reports prepared for cases filed after that date."
Page 4,
delete lines 21 and 22 and insert "and applies to testimony offered and
opinions or reports prepared for cases filed after that date."
The motion did not prevail and the
amendment was not adopted.
S. F. No. 2885, A bill for
an act relating to taxation; specifying duties of assessors; amending Minnesota
Statutes 2008, sections 82B.035, subdivision 2; 270.41, subdivision 5; 273.061,
subdivisions 7, 8.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 110 yeas and 24 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Brod
Buesgens
Dean
Dettmer
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Kiffmeyer
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Zellers
The bill was passed and its title agreed
to.
REPORT FROM
THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
Sertich from the Committee on Rules and
Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Supplemental Calendar for the Day for Tuesday, May
11, 2010:
S. F. Nos. 3126, 3318, 1659
and 560; H. F. No. 2562; and S. F. No. 2839.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12416
Speaker pro tempore Juhnke called Hortman
to the Chair.
CALENDAR FOR THE DAY
S. F. No. 341 was reported
to the House.
Murphy, E.,
and Simon moved to amend S. F. No. 341, the second engrossment,
as follows:
Page 2, line
22, after "are" insert "two"
Page 4, line
3, after "means" insert "two"
The motion prevailed and the amendment was
adopted.
S. F. No. 341, as amended,
was read for the third time.
MOTION TO LAY ON THE TABLE
Brod moved that S. F. No. 341,
as amended, be laid on the table.
A roll call was requested and properly
seconded.
The question was taken on the Brod motion
and the roll was called. There were 50
yeas and 83 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12417
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail.
CALL OF THE HOUSE
On the motion of Dean and on the demand of
10 members, a call of the House was ordered.
The following members answered to their names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Morrow moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees. The motion prevailed
and it was so ordered.
S. F. No. 341, A bill for
an act relating to health; modifying provisions for disposition of a deceased
person; amending Minnesota Statutes 2008, sections 3.736, subdivision 6; 149A.80,
subdivision 2; 466.05, subdivision 2; 573.02, subdivisions 1, 3.
The bill, as amended, was placed upon its
final passage.
The question was taken on the passage of
the bill and the roll was called.
Morrow moved that those not voting be
excused from voting. The motion
prevailed.
There were 78 yeas and 55 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dittrich
Falk
Faust
Fritz
Gardner
Greiling
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12418
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kalin
Kath
Kelly
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Persell
Peterson
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Howes
Jackson
Juhnke
Kiffmeyer
Koenen
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Otremba
Pelowski
Peppin
Poppe
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
The bill was passed, as amended, and its
title agreed to.
CALL OF THE HOUSE LIFTED
Morrow moved that the call of the House be
lifted. The motion prevailed and it was
so ordered.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested
immediate consideration of S. F. No. 2702.
S. F. No. 2702 was reported
to the House.
Ruud moved to amend
S. F. No. 2702, the third engrossment, as follows:
Pages 1 and 2, delete section 1
The motion prevailed and the amendment was
adopted.
Kelly moved
to amend S. F. No. 2702, the third engrossment, as amended, as
follows:
Page 5, after
line 12, insert:
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12419
"Sec. 3. [144.616]
HOSPITAL TRANSFER; LIABILITY.
Subdivision 1. Contract
for transfer. A birth center
licensed under section 144.615 must contract with a licensed acute care
hospital for the hospital's receipt of patients from the birth center in the
case of emergency complications of labor or delivery. Under this subdivision, the birth center must
contract with a hospital that is capable of providing obstetrical and neonatal
services and receiving patients from the birth center within 15 minutes of
diagnosis of an emergency.
Subd. 2. Limited
liability for receiving hospital. A
hospital licensed under section 144.55 that receives a patient transferred from
a birth center due to complications of labor or delivery is not liable for acts
or omissions that occurred at the birth center prior to the transfer of the
patient to the hospital.
Subd. 3. Limited
liability for receiving physician. A
licensed physician who receives a patient transferred to a hospital from a
birth center due to complications of labor or delivery is not liable for acts
or omissions that occurred at the birth center prior to the transfer of the
patient to the physician's care and total noneconomic compensation shall be
capped at $300,000."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Mack and Dean moved to amend
S. F. No. 2702, the third engrossment, as amended, as follows:
Page 4, after line 23,
insert:
"(c) Birth centers
licensed under this section must provide disclosure of service limitations to
patients, including, but not limited to, the inability to administer regional
or general anesthesia, including a spinal block for pain, and the inability to
provide emergency cesarean section surgery in the case of fetal distress, which
could result in long-term disability or death for the mother or child."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Mack and Dean amendment and the
roll was called. There were 45 yeas and
89 nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, S.
Brod
Buesgens
Clark
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Juhnke
Kath
Kelly
Kiffmeyer
Kohls
Loon
Mack
Magnus
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12420
McFarlane
Murdock
Nornes
Obermueller
Olin
Pelowski
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anderson, P.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Otremba
Paymar
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
S. F. No. 2702, A bill for an act relating to
health; establishing licensure for birth centers; appropriating money; amending
Minnesota Statutes 2008, sections 62Q.19, subdivision 1; 144.651, subdivision
2; 144A.51, subdivision 5; 256B.0625, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 144.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 126 yeas and 8
nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dettmer
Dill
Dittrich
Doty
Downey
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12421
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Dean
Doepke
Drazkowski
Emmer
Garofalo
Hackbarth
Westrom
The bill was passed, as amended, and its
title agreed to.
Speaker pro tempore Hortman called Juhnke
to the Chair.
The following Conference Committee Report was
received:
CONFERENCE COMMITTEE REPORT ON
H. F. NO. 3263
A bill for an act relating to traffic regulations; modifying
provisions governing speed limits in highway work zones, operating vehicles on
multilane roads, and surcharges on traffic citations; creating traffic safety
education account; amending Minnesota Statutes 2008, sections 169.14,
subdivision 5d; 169.18, subdivisions 7, 10, by adding a subdivision; 171.12,
subdivision 6; 171.13, by adding a subdivision; Minnesota Statutes 2009
Supplement, section 357.021, subdivision 6.
May 7, 2010
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
We, the undersigned conferees for
H. F. No. 3263 report that we have agreed upon the items in
dispute and recommend as follows:
That the Senate recede from its amendments and that
H. F. No. 3263 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2008, section 169.14, subdivision 5d, is amended to
read:
Subd. 5d. Speed zoning in work zone; surcharge. (a) The commissioner, on trunk highways
and temporary trunk highways, and local authorities, on streets and highways
under their jurisdiction, may authorize the use of reduced maximum speed limits
in highway work zones. The commissioner
or local authority is not required to conduct an engineering and traffic
investigation before authorizing a reduced speed limit in a highway work zone.
(b) The minimum highway work zone speed limit is 20 miles per
hour. The work zone speed limit must not
reduce the established speed limit on the affected street or highway by more
than 15 miles per hour, except that the highway work zone speed limit must not
exceed 40 miles per hour. The
commissioner or local authority shall post
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12422
the limits of the work zone.
Highway work zone speed limits are effective on erection of appropriate
regulatory speed limit signs. The signs
must be removed or covered when they are not required. A speed greater than the posted highway work
zone speed limit is unlawful.
(c) Notwithstanding paragraph (b), on divided highways the
commissioner or local authority may establish a highway work zone speed limit
that does not exceed 55 miles per hour.
(d) Notwithstanding paragraph (b), on two-lane highways
having one lane for each direction of travel with a posted speed limit of 60
miles per hour or greater, the commissioner or local authority may establish a
highway work zone speed limit that does not exceed 40 miles per hour.
(e) For purposes of this subdivision, "highway work
zone" means a segment of highway or street where a road authority or its
agent is constructing, reconstructing, or maintaining the physical structure of
the roadway, its shoulders, or features adjacent to the roadway, including
underground and overhead utilities and highway appurtenances, when workers are
present.
(e) (f) Notwithstanding section 609.0331 or
609.101 or other law to the contrary, a person who violates a speed limit
established under paragraph (b) or (c) this subdivision, or who
violates any other provision of this section while in a highway work zone, is
assessed an additional surcharge equal to the amount of the fine imposed for
the speed violation, but not less than $25.
Sec. 2. Minnesota
Statutes 2008, section 169.685, subdivision 6, is amended to read:
Subd. 6. Exceptions.
(a) This section does not apply to:
(1) a person transporting a child in an emergency medical
vehicle while in the performance of official duties and when the physical or
medical needs of the child make the use of a child passenger restraint system
unreasonable or when a child passenger restraint system is not available;
(2) a peace officer transporting a child while in the
performance of official duties and when a child passenger restraint system is
not available, provided that a seat belt must be substituted; and
(3) a person while operating a motor vehicle for hire,
including a taxi, airport limousine, and bus, but excluding a rented, leased,
or borrowed motor vehicle;
(4) a person while operating a school bus; and
(5) a person while operating a type III vehicle described in
section 169.011, subdivision 71, paragraph (h), if the vehicle meets the
seating and crash protection requirements of Federal Motor Vehicle Safety
Standard 222, Code of Federal Regulations, title 49, part 571.
(b) A child passenger restraint system is not required for a
child who cannot, in the judgment of a licensed physician, be safely
transported in a child passenger restraint system because of a medical
condition, body size, or physical disability.
A motor vehicle operator claiming exemption for a child under this
paragraph must possess a typewritten statement from the physician stating that
the child cannot be safely transported in a child passenger restraint
system. The statement must give the name
and birth date of the child, be dated within the previous six months, and be
made on the physician's letterhead or contain the physician's name, address,
and telephone number. A person charged
with violating subdivision 5 may not be convicted if the person produces the
physician's statement in court or in the office of the arresting officer.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12423
(c) A person offering a
motor vehicle for rent or lease shall provide a child passenger restraint
device to a customer renting or leasing the motor vehicle who requests the
device. A reasonable rent or fee may be
charged for use of the child passenger restraint device.
EFFECTIVE DATE. This section is effective the day following final
enactment.
Sec. 3. Minnesota Statutes 2008, section 171.13, is
amended by adding a subdivision to read:
Subd. 1k. Driver's
manual; driving in right lane. The
commissioner shall include in each edition of the driver's manual published by
the department after August 1, 2010, instructions relating to circumstances
under which a driver of a motor vehicle should drive in the right-hand lane of
a highway that is divided into more than one lane in the same direction of
travel."
Delete the title and insert:
"A bill for an act
relating to traffic regulations; modifying provisions related to highway work
zone speeds, driving in the right-hand lane, and seat belt requirements for
persons operating a type III vehicle as a school bus; amending Minnesota
Statutes 2008, sections 169.14, subdivision 5d; 169.685, subdivision 6; 171.13,
by adding a subdivision."
We request the adoption of
this report and repassage of the bill.
House Conferees: Melissa
Hortman, Bernard Lieder and Carol
McFarlane.
Senate Conferees: Joe
Gimse, Steve Murphy and Jim
Carlson.
Hortman moved that the report of the Conference Committee on
H. F. No. 3263 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
H. F. No. 3263,
A bill for an act relating to traffic regulations; modifying provisions
governing speed limits in highway work zones, operating vehicles on multilane
roads, and surcharges on traffic citations; creating traffic safety education
account; amending Minnesota Statutes 2008, sections 169.14, subdivision 5d;
169.18, subdivisions 7, 10, by adding a subdivision; 171.12, subdivision 6; 171.13,
by adding a subdivision; Minnesota Statutes 2009 Supplement, section 357.021,
subdivision 6.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the roll
was called. There were 134 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12424
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was repassed, as amended by
Conference, and its title agreed to.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
The following message was received from
the Senate:
Madam
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 910, A bill for
an act relating to notaries public; modifying fees; regulating commissions and
notarial stamps and seals; providing clarifications; providing for the
accommodations of physical limitations; amending Minnesota Statutes 2008,
sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01, subdivision 2;
359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes
2009 Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 359; repealing
Minnesota Statutes 2008, section 359.05.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Hortman moved that the House refuse to
concur in the Senate amendments to H. F. No. 910, that the Speaker
appoint a Conference Committee of 3 members of the House, and that the House
requests that a like committee be appointed by the Senate to confer on the
disagreeing votes of the two houses. The
motion prevailed.
Morrow moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Hortman.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12425
Atkins was excused between the hours of
8:20 p.m. and 9:35 p.m.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested
immediate consideration of H. F. No. 3833.
H. F. No. 3833 was reported
to the House.
Greiling
moved to amend H. F. No. 3833 as follows:
Page 85,
delete section 3
Page 86,
delete section 4
Page 89,
delete sections 8 and 9
Page 92,
delete sections 12 and 13
Page 131,
delete article 10
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Buesgens and
Peppin moved to amend H. F. No. 3833, as amended, as follows:
Page 42,
after line 31, insert:
"Sec. 23. [123A.47]
ELECTION TO DETACH LAND FOR A NEW SCHOOL DISTRICT.
Subdivision
1. Detachment ballot question; school board general election. The school board of an independent
school district may, on its own motion or upon a petition signed by at least 50
electors of the district or ten percent of the votes cast in the most recent
school board general election, whichever number is larger, place on the ballot
at the next school district general election the question whether, as of the
date when a new board can be elected and qualified under subdivision 2, to
detach from the school district a clearly and accurately described land area
located within the boundaries of the district and, consequently, to classify
that detached area as a new independent school district for which the education
commissioner must assign an identification number. If the voters approve detaching the described
land area and, consequently, classifying that detached area as a new
independent school district for which the education commissioner must assign an
identification number, then the detachment must be accomplished according to
this section.
Subd. 2. School
board elections. (a) The
county auditor of the county that contains the greatest land area for the newly
constituted school district and the county auditor of the county that contains
the greatest land area for the
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12426
newly
reconstituted school district must determine a date, not less than 30 nor more
than 60 days after the voters approve the detachment ballot question under
subdivision 1, to hold a special election in the district for the purpose of
electing a board of six members for terms of four years and until successors
are elected and qualified under chapter 205A.
The provisions of section 123A.48, subdivision 20, paragraphs (a) to
(e), governing school board elections in consolidating districts shall apply to
the newly constituted and newly reconstituted districts under this section.
(b)
Notwithstanding any law to the contrary, the terms of the board members of the
school district from which land is being detached continue until the first
school board members are elected and qualified under this subdivision.
(c)
Notwithstanding any law to the contrary, an individual may serve on the school
board of the school district from which land is being detached and
subsequently, if a resident of the district, on a school board elected and
qualified under this subdivision.
Subd. 3. Tax
liability for existing bonded debt. All
taxable property in the area detached under subdivision 1 remains obligated for
any bonded debt of the school district from which the property was detached and
to which that detached property was subject before the date of the
detachment. In addition, all taxable
property in a newly classified district is taxable for payment of school
district obligations authorized on or after the date of the detachment by the
school board or the voters of that school district.
Subd. 4. Current
assets and liabilities; distribution of assets; real property. (a) If the voters approve detachment
under subdivision 1, the commissioner shall issue an order for dividing and
distributing the current assets and liabilities, real and personal, and the
legally valid and enforceable claims and contractual obligations of the school
district from which the property was detached, so that the two newly classified
districts can independently operate.
(b) The
commissioner's order under paragraph (a) must transfer the real property
interests from the school district subject to the detachment to the two newly
classified districts. The commissioner
must determine the distribution of and the amount, if any, paid for the real
property. The commissioner's order may
impose in favor of one of the two newly classified districts a specified dollar
amount as a claim against the other newly classified district receiving real
property interests under the order. The
claim must be paid and enforced according to the law governing payment of
judgments against a school district.
Subd. 5. Licensed
and nonlicensed employees. (a)
The obligations of both newly classified districts to licensed employees are
governed by section 123A.75.
(b) The
nonlicensed employees of the school district from which the property was
detached under subdivision 1 may apply to remain in the newly reconstituted
district or may apply to move to the newly constituted district. The commissioner shall assign the nonlicensed
employees to unfilled positions in both districts in order of seniority. All rights of and obligations to nonlicensed
employees continue in the same manner as before the effective date of the
detachment under subdivision 1.
EFFECTIVE DATE. (a) This
section, subdivision 1, is effective the day following final enactment. If the voters approve the ballot question,
the education commissioner shall classify the detached area as a new
independent school district and also classify the area that remains after the
detachment as a new independent school district, assign identification numbers
to both new districts, and modify the records and any plats, petitions, and
proceedings involving the affected school districts to conform with the
detachment under this section.
(b) This
section, subdivisions 2, 3, and 5, are effective the day after the voters approve
the ballot question under subdivision 1.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12427
(c) This section,
subdivision 4, is effective the day after the voters approve the ballot
question under subdivision 1 and applies to both newly classified districts."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Buesgens and Peppin amendment and
the roll was called. There were 32 yeas
and 100 nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Hackbarth
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Mack
Mullery
Newton
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Murdock
Murphy, E.
Murphy, M.
Nelson
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Seifert moved to amend
H. F. No. 3833, as amended, as follows:
Page 76, after line 10,
insert:
"Section 1. Minnesota Statutes 2008, section 123B.56, is
amended to read:
123B.56 HEALTH, SAFETY, AND ENVIRONMENTAL MANAGEMENT.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12428
"Health,
safety, and environmental management" means school district activities
necessary for a district's compliance with state law and rules of the
Departments of Health, Labor and Industry, Public Safety, and Pollution Control
Agency as well as any related federal standards, including federal standards
and best practices designed to protect students and school employees from the
H1N1 flu. These activities include
hazard assessment, required training, record keeping, and program management.
EFFECTIVE DATE. This section
is effective the day following final enactment."
Page 83,
after line 32, insert:
"Sec. 4. H1N1
PREVENTION.
Notwithstanding
Minnesota Statutes, section 123B.56 or 123B.57, a school district may transfer
any amount of its approved health and safety revenue for health, safety, and
environmental management to H1N1 flu prevention activities.
EFFECTIVE DATE. This section
is effective the day following final enactment."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Emmer was excused for the remainder of
today's session.
Speaker pro tempore Hortman called Sertich
to the Chair.
Buesgens,
Pelowski, Emmer and Drazkowski moved to amend H. F. No. 3833, as
amended, as follows:
Page 63,
after line 24, insert:
"Sec. 42. RACE
TO THE TOP WITHDRAWAL.
The
commissioner of education shall cancel and withdraw the application submitted
by the state of Minnesota to the federal Department of Education for Race to
the Top grant funding established under the American Recovery and Reinvestment
Act, Public Law 111-5, and any other applications or agreements submitted by
the state of Minnesota pertaining to the Race to the Top grant program. The commissioner shall not reapply for any
federal Race to the Top grants established under the American Recovery and
Reinvestment Act. Neither the
commissioner nor any Minnesota public school shall accept funding or mandates
from the federal Race to the Top program.
All memoranda of agreement concerning the federal Race to the Top grant
program are nullified.
EFFECTIVE DATE. This section
is effective retroactively from January 20, 2010."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12429
The question was taken on the Buesgens et
al amendment and the roll was called.
There were 25 yeas and 105 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anzelc
Beard
Bly
Brod
Buesgens
Davnie
Dean
Drazkowski
Faust
Hackbarth
Hilty
Kohls
Newton
Pelowski
Peppin
Rukavina
Scott
Seifert
Severson
Shimanski
Slocum
Sterner
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anderson, P.
Anderson, S.
Benson
Bigham
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
Eken
Falk
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Nelson
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slawik
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Mariani
moved to amend H. F. No. 3833, as amended, as follows:
Page 38,
delete section 20 and insert:
"Sec. 20. Minnesota Statutes 2009 Supplement, section
122A.40, subdivision 8, is amended to read:
Subd. 8. Formative
and summative evaluations and peer coaching for continuing contract
teachers. (a) To improve student
learning and success, a school board and an exclusive representative of the
teachers in the district, consistent with paragraph (b), shall develop a
formative and summative teacher evaluation and peer review process for
continuing contract teachers through joint agreement a meet and
confer process under section 179A.08.
The peer review process may must include having
trained observers serve as peer coaches or having teachers participate in
professional learning communities.
(b) To
develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the evaluation process for
continuing contract teachers must:
(1) be a
collaborative effort between teachers and school administrators to develop and
implement a teacher evaluation process that is based on (i) professional
teaching standards and (ii) multiple performance-based measures and includes
both (iii) annual formative assessments by one or more master or mentor
teachers or other qualified
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12430
educators to
improve instruction through identifying teachers' strengths and weaknesses and
(iv) summative assessments conducted by one or more qualified school
administrators at least once every three school years that are used to make
personnel decisions, consistent with clause (2);
(2)
coordinate staff development activities under section 122A.60 with this
evaluation process and teachers' evaluation outcomes and give teachers not
meeting standards of effective practice the support to improve;
(3) include
in-class observations by trained evaluators who use a valid observation
framework or protocol;
(4) demonstrate
teachers' content knowledge and teaching skills; and
(5) use
longitudinal data on student academic growth under section 120B.35, subdivision
3, paragraphs (a) and (b), student attendance, and student engagement and
connection under section 120B.35, subdivision 3, paragraph (d), and other state
and local outcome measures as evaluation components.
As part of
the evaluation process under this paragraph, teachers may develop and present a
portfolio demonstrating evidence of reflection and professional growth,
consistent with section 122A.18, subdivision 4, paragraph (b), using criteria
developed by the Board of Teaching to reliably assess portfolio content, and
also include other indicators of effective teaching.
(c) The
requirements of this subdivision are not terms and conditions of employment
under chapter 179A.
(d) To the
extent consistent with this subdivision, a school district or school site
participating in an alternative teacher performance pay system under section
122A.414 may use its approved educational improvement plan to meet the
requirements of this subdivision.
EFFECTIVE DATE. This
section is effective for the 2010-2011 school year and later. A school district must use the 2010-2011
school year to develop a teacher evaluation process under this section and
implement the evaluation process in the 2011-2012 school year and later."
Page 39,
delete section 21, and insert:
"Sec. 21. Minnesota Statutes 2009 Supplement, section
122A.41, subdivision 5, is amended to read:
Subd. 5. Formative
and summative evaluations and peer coaching for continuing contract
teachers. (a) To improve student
learning and success, a school board and an exclusive representative of the
teachers in the district, consistent with paragraph (b), must develop a
formative and summative teacher evaluation and peer review process for
nonprobationary teachers through joint agreement a meet and confer
process under section 179A.08. The peer
review process may must include having trained observers
serve as peer coaches or having teachers participate in professional learning
communities.
(b) To
develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the evaluation process for
continuing contract teachers must:
(1) be a
collaborative effort between teachers and school administrators to develop and
implement a teacher evaluation process that is based on (i) professional
teaching standards and (ii) multiple performance-based measures and includes
both (iii) annual formative assessments by one or more master or mentor
teachers or other qualified educators to improve instruction through
identifying teachers' strengths and weaknesses and (iv) summative assessments
conducted by one or more qualified school administrators at least once every
three school years that are used to make personnel decisions, consistent with
clause (2);
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12431
(2)
coordinate staff development activities under section 122A.60 with this
evaluation process and teachers' evaluation outcomes and give teachers not
meeting standards of effective practice the support to improve;
(3) include
in-class observations by trained evaluators who use a valid observation
framework or protocol;
(4)
demonstrate teachers' content knowledge and teaching skills; and
(5) use
longitudinal data on student academic growth under section 120B.35, subdivision
3, paragraphs (a) and (b), student attendance, and student engagement and
connection under section 120B.35, subdivision 3, paragraph (d), and other state
and local outcome measures as evaluation components.
As part of
the evaluation process under this paragraph, teachers may develop and present a
portfolio demonstrating evidence of reflection and professional growth,
consistent with section 122A.18, subdivision 4, paragraph (b), using criteria
developed by the Board of Teaching to reliably assess portfolio content, and
also include other indicators of effective teaching.
(c) The
requirements of this subdivision are not terms and conditions of employment
under chapter 179A.
(d) To the
extent consistent with this subdivision, a school district or school site
participating in an alternative teacher performance pay system under section
122A.414 may use its approved educational improvement plan to meet the
requirements of this subdivision.
EFFECTIVE DATE. This section
is effective for the 2010-2011 school year and later. A school district must use the 2010-2011
school year to develop a teacher evaluation process under this section and
implement the evaluation process in the 2011-2012 school year and later."
Page 42,
delete section 23, and insert:
"Sec. 23. Minnesota Statutes 2009 Supplement, section
123B.143, subdivision 1, is amended to read:
Subdivision
1. Contract;
duties. All districts maintaining a
classified secondary school must employ a superintendent who shall be an ex
officio nonvoting member of the school board.
The authority for selection and employment of a superintendent must be
vested in the board in all cases. An
individual employed by a board as a superintendent shall have an initial
employment contract for a period of time no longer than three years from the
date of employment. Any subsequent
employment contract must not exceed a period of three years. A board, at its discretion, may or may not
renew an employment contract. A board
must not, by action or inaction, extend the duration of an existing employment
contract. Beginning 365 days prior to
the expiration date of an existing employment contract, a board may negotiate
and enter into a subsequent employment contract to take effect upon the
expiration of the existing contract. A
subsequent contract must be contingent upon the employee completing the terms
of an existing contract. If a contract
between a board and a superintendent is terminated prior to the date specified
in the contract, the board may not enter into another superintendent contract
with that same individual that has a term that extends beyond the date
specified in the terminated contract. A
board may terminate a superintendent during the term of an employment contract
for any of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall not rely upon an
employment contract with a board to assert any other continuing contract rights
in the position of superintendent under section 122A.40. Notwithstanding the provisions of sections
122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law to the
contrary, no individual shall have a right to employment as a superintendent
based on order of employment in any district.
If two or more districts enter into an agreement for the purchase or
sharing of the services of a superintendent, the contracting districts have the
absolute right to select one of the individuals employed to serve as
superintendent in one of the contracting districts and no individual has a
right to employment as the superintendent to provide all or part of the
services based on order of employment in a contracting district. The superintendent of a district shall
perform the following:
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12432
(1) visit and supervise the
schools in the district, report and make recommendations about their condition
when advisable or on request by the board;
(2) recommend to the board
employment and dismissal of teachers;
(3) evaluate each school
principal and assistant principal assigned responsibility for supervising a
school building within the district, consistent with section 123B.147,
subdivision 3, paragraph (b);
(4) superintend school grading
practices and examinations for promotions;
(4) (5) make reports
required by the commissioner; and
(5) (6) perform other
duties prescribed by the board.
EFFECTIVE DATE. This section is effective for the 2011-2012 school
year and later."
Page 44, delete section 24,
and insert:
"Sec. 24. Minnesota Statutes 2008, section 123B.147,
subdivision 3, is amended to read:
Subd. 3. Duties;
evaluation. (a) The
principal shall provide administrative, supervisory, and instructional
leadership services, under the supervision of the superintendent of schools of
the district and in accordance with according to the policies,
rules, and regulations of the school board of education, for the
planning, management, operation, and evaluation of the education program of the
building or buildings to which the principal is assigned.
(b) To enhance principals'
leadership skills and support and improve teachers' teaching practices, the
school board and the exclusive representative of the school principals of the
district must use a meet and confer process under section 179A.08 to design and
implement a plan for formative and summative evaluations of the school
principals and assistant principals assigned responsibility for supervising a school
building within the district. The annual
evaluation process must:
(1) be designed to support
and improve principals' instructional leadership, organizational management,
and professional development, and strengthen principals' capacity in the areas of
instruction, supervision, evaluation, and the development of teachers and
highly effective school organizations;
(2) include annual formative
evaluations by qualified and trained school administrators to improve
principals' professional competency and summative evaluations conducted by
qualified and trained school administrators at least once every three years to
make personal decisions consistent with clause (3);
(3) be linked to
professional development and give principals not meeting standards of effective
practice the support to improve;
(4) be consistent with the
principals' job description, district long-term plans and goals, and
principals' own professional multiyear growth plans and goals;
(5) include on-the-job
observations by trained evaluators and verbal and written feedback on
performance;
(6) require feedback from
teachers, support staff, students, and parents; and
(7) use longitudinal data on
student academic growth under section 120B.35, subdivision 3, as an evaluation
component.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12433
EFFECTIVE DATE. This section
is effective for the 2010-2011 school year.
A school district must use the 2010-2011 school year to develop a
principal evaluation process under this section and implement the evaluation
process in the 2011-2012 school year and later."
Page 53,
delete section 29, and insert:
"Sec. 29. Minnesota Statutes 2009 Supplement, section
124D.10, subdivision 11, is amended to read:
Subd. 11. Employment
and other operating matters. (a) A
charter school must employ or contract with necessary teachers, as defined by
section 122A.15, subdivision 1, who hold valid licenses to perform the
particular service for which they are employed in the school. The charter school's state aid may be reduced
under section 127A.43 if the school employs a teacher who is not appropriately
licensed or approved by the Board of Teaching.
The school may employ necessary employees who are not required to hold
teaching licenses to perform duties other than teaching and may contract for
other services. The school may discharge
teachers and nonlicensed employees. The
charter school board is subject to section 181.932. When offering employment to a prospective
employee, a charter school must give that employee a written description of the
terms and conditions of employment and the school's personnel policies. The board of directors must design and
implement a formative and summative evaluation and peer review process for a
teacher employed in the school that is consistent with section 122A.40,
subdivision 8, paragraph (b). Teachers
evaluations do not create an expectation of continuing employment.
(b) A
person, without holding a valid administrator's license, may perform
administrative, supervisory, or instructional leadership duties. The board of directors shall establish
qualifications for persons that hold administrative, supervisory, or
instructional leadership roles. The
qualifications shall include at least the following areas: instruction and assessment; human resource
and personnel management; financial management; legal and compliance
management; effective communication; and board, authorizer, and community
relationships. The board of directors
shall use those qualifications as the basis for job descriptions, and
hiring, and for performance evaluations consistent with section
123B.147, subdivision 3, paragraph (b), of those who hold administrative,
supervisory, or instructional leadership roles.
Performance evaluations do not create an expectation of continuing
employment. The board of directors
and an individual who does not hold a valid administrative license and who
serves in an administrative, supervisory, or instructional leadership position
shall develop a professional development plan.
Documentation of the implementation of the professional development plan
of these persons shall be included in the school's annual report.
(c) The
board of directors also shall decide matters related to the operation of the
school, including budgeting, curriculum and operating procedures.
EFFECTIVE DATE. This section
is effective for the 2010-2011 school year and later. A charter school must use the 2010-2011
school year to develop an evaluation process under paragraphs (a) and (b) of
this section and implement the evaluation process in the 2011-2012 school year
and later."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Davnie, Norton,
Hilstrom, Faust, Torkelson, Hilty, Sailer, Eken, Wagenius, Persell and Greiling
moved to amend H. F. No. 3833, as amended, as follows:
Page 63,
after line 24, insert:
"Sec. 42. SCHOOL
IMPROVEMENT GRANTS; INTERVENTIONS.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12434
A school
that the Minnesota Department of Education has identified as one of Minnesota's
34 persistently lowest achieving schools for purposes of the federal school
improvement grant program under the American Recovery and Reinvestment Act is
not required, as part of implementing a school intervention model, to replace
any teacher or a principal who meets standards of effective practice and is
currently employed at the school on the effective date of this section if:
(1) the
principal was appointed or the teacher was employed in the school in the
2007-2008, 2008-2009, or 2009‑2010 school year to establish new
educational outcomes; or
(2) the
contractor conducting a quality school review under the school improvement
grant process determines that the school's classification as a persistently
lowest achieving school is not directly related to the performance or skills of
a teacher or principal currently employed at the school.
The
Minnesota Department of Education must revise its school improvement grant
application to conform with the requirements of this section.
EFFECTIVE DATE. This section
is effective the day following final enactment."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Garofalo
moved to amend H. F. No. 3833, as amended.
Demmer
requested a division of the Garofalo amendment to
H. F. No. 3833, as amended.
Demmer
further requested that the second portion of the divided Garofalo amendment to
H. F. No. 3833, as amended, be voted on first.
The second
portion of the Garofalo amendment to H. F. No. 3833, as amended,
reads as follows:
Page 139,
after line 10, insert:
"ARTICLE
11
RACE TO THE
TOP
Sec. 2. Minnesota Statutes 2009 Supplement, section
122A.09, subdivision 4, is amended to read:
Subd. 4. License
and rules. (a) The board must adopt
rules to license public school teachers and interns subject to chapter 14.
(b) The
board must adopt rules requiring a person to successfully complete pass
a skills examination in reading, writing, and mathematics as a requirement
for initial teacher licensure entrance into a board-approved teacher
preparation program. Such rules must
require college and universities offering a board-approved teacher preparation
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12435
program to provide
offer remedial assistance to persons who did not achieve a qualifying
score on the skills examination, including those for whom English is a second
language. Persons needing remedial
assistance must be successfully remediated prior to entrance into a
board-approved teacher preparation program.
(c) The
board must adopt rules to approve teacher preparation programs. The board, upon the request of a
postsecondary student preparing for teacher licensure or a licensed graduate of
a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program
when the dispute involves an institution's recommendation for licensure
affecting the person or the person's credentials. At the board's discretion, assistance may
include the application of chapter 14.
(d) The
board must provide the leadership and shall adopt rules for the redesign of
teacher education programs to implement a research based, results-oriented
curriculum that focuses on the skills teachers need in order to be
effective. The board shall implement new
systems of teacher preparation program evaluation to assure program effectiveness
based on proficiency of graduates in demonstrating attainment of program
outcomes.
(e) The
board must adopt rules requiring candidates for initial licenses to successfully
complete pass an examination of general pedagogical knowledge and
examinations of licensure-specific teaching skills. The rules shall be effective by September 1,
2001. The rules under this paragraph
also must require candidates for initial licenses to teach prekindergarten or
elementary students to successfully complete pass, as part of the
examination of licensure-specific teaching skills, test items assessing the
candidates' knowledge, skill, and ability in comprehensive, scientifically
based reading instruction under section 122A.06, subdivision 4, and their
knowledge and understanding of the foundations of reading development, the
development of reading comprehension, and reading assessment and instruction,
and their ability to integrate that knowledge and understanding. The rules under this paragraph also must
require general education candidates for initial licenses to teach
prekindergarten or elementary students to pass, as part of the examination of
licensure-specific teaching skills, test items assessing the candidates'
knowledge, skill, and ability in mathematics.
(f) The
board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to
obtain periodic exposure to the elementary or secondary teaching environment.
(g) The
board must grant licenses to interns and to candidates for initial licenses.
(h) The
board must design and implement an assessment system which requires a candidate
for an initial license and first continuing license to demonstrate the
abilities necessary to perform selected, representative teaching tasks at
appropriate levels.
(i) The
board must receive recommendations from local committees as established by the
board for the renewal of teaching licenses.
(j) The
board must grant life licenses to those who qualify according to requirements established
by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any
expiration date for application for life licenses.
(k) The
board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further
preparation in the areas of using positive behavior interventions and in
accommodating, modifying, and adapting curricula, materials, and strategies to
appropriately meet the needs of individual students and ensure adequate
progress toward the state's graduation rule.
(l) In
adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with
license or registration requirements of the commissioner of health and the
health-related boards who license personnel who perform similar services
outside of the school.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12436
(m) The
board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further
reading preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect until they are
approved by law. Teachers who do not
provide direct instruction including, at least, counselors, school
psychologists, school nurses, school social workers, audiovisual directors and
coordinators, and recreation personnel are exempt from this section.
(n) The
board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further
preparation in understanding the key warning signs of early-onset mental
illness in children and adolescents.
EFFECTIVE DATE. This section
is effective September 1, 2011.
Sec. 3. Minnesota Statutes 2008, section 122A.14, is
amended by adding a subdivision to read:
Subd. 10. Rules
incorporating national standards. The
Board of School Administrators must engage in rulemaking to incorporate
national standards into the licensing standards for principals. The rules must address national standards for
effective school leadership.
Sec. 4. Minnesota Statutes 2008, section 122A.14, is
amended by adding a subdivision to read:
Subd. 11. Tiered
licensure. (a) The Board of
School Administrators shall establish requirements for issuance of initial,
standard, and master principal licenses.
Requirements for earning each differentiated license must be based, at a
minimum, on principal performance as measured by section 122A.411.
(b)
"Initial principal license" means a license granted after successfully
completing the requirements for licensure as set forth by the Board of School
Administrators. An initial license must
be issued prior to the issuance of a standard license and cannot be issued for
a duration of less than three years.
(c) "Standard
principal license" means a license obtained after successfully being
employed for at least three years in the area of initial licensure, completing
an induction program, and achieving the minimum expectation for principal
performance as measured by section 122A.411.
(d)
"Master principal license" means a license obtained after having met
the requirements for a standard license, meeting the definition of "highly
effective" under section 122A.411, and demonstrating instructional
leadership at the local, state, or national level according to the criteria
established by the Board of School Administrators.
Sec. 5. Minnesota Statutes 2008, section 122A.18,
subdivision 1, is amended to read:
Subdivision
1. Authority
to license. (a) The Board of Teaching
must license teachers, as defined in section 122A.15, subdivision 1, except for
supervisory personnel, as defined in section 122A.15, subdivision 2.
(b) The
Board of School Administrators must license supervisory personnel as defined in
section 122A.15, subdivision 2, except for athletic coaches.
(c) Licenses
under the jurisdiction of the Board of Teaching, the Board of School
Administrators, and the commissioner of education must be issued through the
licensing section of the department.
(d) The Board
of Teaching and the Department of Education must enter into a data sharing
agreement to share educational data at the kindergarten through grade 12 level
for the limited purpose of program approval and improvement for teacher
education programs. The program approval
process must include targeted redesign of teacher preparation programs to
address identified kindergarten through grade 12 student areas of concern. The Board of Teaching must ensure that this
information remains confidential and shall only be used for this purpose. Any unauthorized disclosure shall be subject
to a penalty.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12437
(e) The
Board of School Administrators and the Department of Education must enter into
a data sharing agreement to share educational data at the kindergarten through
grade 12 level for the limited purpose of program approval and improvement for
education administration programs. The
program approval process must include targeted redesign of education
administration preparation programs to address identified kindergarten through
grade 12 student areas of concern. The
Board of School Administrators must ensure that this information remains
confidential and shall only be used for this purpose. Any unauthorized disclosure shall be subject
to a penalty.
Sec. 6. Minnesota Statutes 2008, section 122A.18,
subdivision 2, is amended to read:
Subd. 2. Teacher
and support personnel qualifications. (a)
The Board of Teaching must issue licenses under its jurisdiction to persons the
board finds to be qualified and competent for their respective positions.
(b) The
board must require a person to successfully complete pass an examination
of skills in reading, writing, and mathematics before being granted an initial
teaching license to provide direct instruction to pupils in prekindergarten,
elementary, secondary, or special education programs. The board must require colleges and
universities offering a board approved teacher preparation program to provide
offer remedial assistance that includes a formal diagnostic component to
persons enrolled in their institution who did not achieve a qualifying score on
the skills examination, including those for whom English is a second
language. The colleges and universities
must provide offer assistance in the specific academic areas of
deficiency in which the person did not achieve a qualifying score. School districts must provide similar,
appropriate, and timely remedial assistance that includes a formal diagnostic
component and mentoring to those persons employed by the district who completed
their teacher education program outside the state of Minnesota, received a
one-year license to teach in Minnesota and did not achieve a qualifying score
on the skills examination, including those persons for whom English is a second
language. The Board of Teaching shall
report annually to the education committees of the legislature on the total
number of teacher candidates during the most recent school year taking the
skills examination, the number who achieve a qualifying score on the
examination, the number who do not achieve a qualifying score on the
examination, the distribution of all candidates' scores, the number of
candidates who have taken the examination at least once before, and the number
of candidates who have taken the examination at least once before and achieve a
qualifying score.
(c) A person
who has completed an approved teacher preparation program and obtained a
one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year
periods. Each renewal of the one-year
license is contingent upon the licensee:
(1)
providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a
formal diagnostic component in the specific areas in which the licensee did not
obtain qualifying scores; and
(2)
attempting to successfully complete the skills examination during the period of
each one-year license.
(d) (c)
The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes successfully
completing passing the skills examination in reading, writing, and
mathematics.
(e) (d)
All colleges and universities approved by the Board of Teaching to prepare
persons for teacher licensure must include in their teacher preparation
programs a common core of teaching knowledge and skills to be acquired by all
persons recommended for teacher licensure.
This common core shall meet the standards developed by the interstate
new teacher assessment and support consortium in its 1992 "model standards
for beginning teacher licensing and development." Amendments to standards
adopted under this paragraph are covered by chapter 14. The Board of Teaching shall report annually
to the education committees of the legislature on the performance of teacher
candidates on common core assessments of knowledge and skills under this
paragraph during the most recent school year.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12438
(e) All colleges and
universities approved by the Board of Teaching to prepare persons for teacher
licensure must require completion of a course designed to teach online pedagogy
and completion of at least one content course delivered online by all persons
recommended for teacher licensure.
(f) The Board of Teaching
must ensure the kindergarten through grade 12 teacher licensing standards
maintain a high level of alignment with the kindergarten through grade 12
student standards. The Board of Teaching
must adopt a review cycle that mirrors the kindergarten through grade 12
student standards review cycle under section 120B.023, subdivision 2. The teacher standards must be reviewed and
aligned with the kindergarten through grade 12 student standards within
one year of the final review and adoption of the kindergarten through grade 12
student standards.
EFFECTIVE DATE. This section is effective September 1, 2011.
Sec. 7. Minnesota Statutes 2008, section 122A.18, is
amended by adding a subdivision to read:
Subd. 10. Tiered
licensure. (a) The Board of
Teaching shall establish requirements for issuance of initial licenses,
standard licenses, and master teacher licenses.
Requirements for earning each differentiated license must be based at a
minimum on teacher performance as measured by section 122A.411.
(b) "Initial teacher
license" means a license granted after successfully completing the
requirements for licensure as set forth by the Board of Teaching. An initial license must be issued prior to
the issuance of a standard license and cannot be issued for a duration of less
than three years.
(c) "Standard teacher
license" means a license obtained after successfully being employed for at
least three years in the area of initial licensure, completing an induction
program and the probationary period requirements set forth in section 122A.40,
subdivision 5, or 122A.41, subdivision 2, achieving the minimum expectations
for teacher performance as measured by section 122A.411, and completing
continuous improvement including reflective practice under this section.
(d) "Master teacher
license" means having met the requirements for a standard license, meeting
the definition of "highly effective" under section 122A.411, and
either be certified by the National Board for Professional Teaching Standards
or demonstrate instructional leadership at the local level according to Board
of Teaching established criteria. Licensed
teachers who hold current certification from the National Board for
Professional Teaching Standards shall be granted a master teacher license.
Sec. 8. Minnesota Statutes 2008, section 122A.23,
subdivision 2, is amended to read:
Subd. 2. Applicants
licensed in other states. (a)
Subject to the requirements of sections 122A.18, subdivision 8, and 123B.03,
the Board of Teaching must issue a teaching license or a temporary teaching
license under paragraphs (b) to (e) to an applicant who holds at least a
baccalaureate degree from a regionally accredited college or university and
holds or held a similar out-of-state teaching license that requires the
applicant to successfully complete a teacher preparation program approved by
the issuing state, which includes field-specific teaching methods and student
teaching or essentially equivalent experience.
(b) The Board of Teaching
must issue a teaching license to an applicant who:
(1) successfully
completed passed all exams and successfully completed human
relations preparation components required by the Board of Teaching; and
(2) holds or held an
out-of-state teaching license to teach the same content field and grade levels
if the scope of the out-of-state license is no more than one grade level less
than a similar Minnesota license.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12439
(c) The
Board of Teaching, consistent with board rules, must issue up to three one-year
temporary teaching licenses to an applicant who holds or held an out-of-state
teaching license to teach the same content field and grade levels, where the
scope of the out-of-state license is no more than one grade level less than a
similar Minnesota license, but has not successfully completed passed
all exams and successfully completed human relations preparation
components required by the Board of Teaching.
(d) The
Board of Teaching, consistent with board rules, must issue up to three one-year
temporary teaching licenses to an applicant who:
(1) successfully
completed passed all exams and successfully completed human
relations preparation components required by the Board of Teaching; and
(2) holds or
held an out-of-state teaching license to teach the same content field and grade
levels, where the scope of the out-of-state license is no more than one grade
level less than a similar Minnesota license, but has not completed
field-specific teaching methods or student teaching or equivalent experience.
The
applicant may complete field-specific teaching methods and student teaching or
equivalent experience by successfully participating in a one-year school district
mentorship program consistent with board-adopted standards of effective
practice and Minnesota graduation requirements.
(e) The
Board of Teaching must issue a temporary teaching license for a term of up to
three years only in the content field or grade levels specified in the
out-of-state license to an applicant who:
(1) successfully
completed passed all exams and successfully completed human
relations preparation components required by the Board of Teaching; and
(2) holds
or held an out-of-state teaching license where the out-of-state license is more
limited in the content field or grade levels than a similar Minnesota license.
(f) The
Board of Teaching must not issue to an applicant more than three one-year
temporary teaching licenses under this subdivision.
(g) The
Board of Teaching must not issue a license under this subdivision if the
applicant has not attained the additional degrees, credentials, or licenses
required in a particular licensure field.
EFFECTIVE DATE. This
section is effective September 1, 2011.
Sec. 9. [122A.245]
ALTERNATIVE TEACHER PREPARATION PROGRAM AND LIMITED-TERM TEACHER LICENSE.
Subdivision
1. Requirements. (a)
The Board of Teaching must approve qualified teacher preparation programs under
this section that are a means to acquire a two-year limited-term license and to
prepare for acquiring an initial license.
Programs are partnerships composed of school districts or charter
schools and either:
(1) a
college or university with an alternative teacher preparation program approved
by the Board of Teaching;
(2) a
nonprofit corporation formed for an education-related purpose and subject to
chapter 317A with a teacher preparation program approved by the Board of
Teaching; or
(3) a
teacher preparation program within a district approved by the Board of
Teaching.
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(b) Prior
to participation in this program, a candidate must:
(1) have a
bachelor's degree with a minimum 3.0 grade point average, or have a bachelor's
degree and meet other criteria approved by the Board of Teaching;
(2) pass
the reading, writing, and mathematics skills examination under section 122A.18;
and
(3) obtain
qualifying scores on content area and pedagogy tests approved by the Board of
Teaching.
Subd. 2. Characteristics. An alternative teacher preparation
program under this section must include:
(1) a
minimum 200-hour instructional phase that provides intensive preparation before
that person assumes classroom responsibilities;
(2) a
research-based and results-oriented approach focused on best teaching practices
to increase student proficiency and growth measured against state academic
standards;
(3)
strategies to combine pedagogy and best teaching practices to better inform a
teacher's classroom instruction;
(4)
assessment, supervision, and evaluation of the program participant to determine
the participant's specific needs throughout the program and to support the
participant in successfully completing the program;
(5)
intensive, ongoing, and multiyear professional learning opportunities that can
accelerate an initial educator's professional growth and that include
developing dispositions and practices that support student learning,
orientations to the workplace, a network of peer support, seminars and
workshops, and mentoring focused on standards of professional practice and
continual professional growth; and
(6) a
requirement that program participants demonstrate to the local site team under
subdivision 5 that they are making satisfactory progress toward acquiring an
initial license from the Board of Teaching.
Subd. 3. Program
approval. The Board of
Teaching must approve alternative teacher preparation programs under this
section based on board-adopted criteria that reflect best practices for
alternative teacher preparation programs consistent with this section. The board must permit licensure candidates to
demonstrate licensure competencies in school-based settings and through other
nontraditional means.
Subd. 4. Employment
conditions. Where applicable,
teachers with a limited-term license under this section are members of and
subject to the terms of the local collective bargaining agreement between the
local representative of the teachers and the school board.
Subd. 5. Approval
for initial license. A local
site team that may include teachers, school administrators, postsecondary
faculty, and nonprofit staff must evaluate the performance of a teacher
candidate using the Minnesota state standards of effective practice for
teachers established by rule and submit to the board an evaluation report
recommending whether or not to issue an initial license to a teacher candidate.
Subd. 6. Initial
license. The Board of
Teaching must issue an initial license to a teacher candidate under this section
who successfully performs throughout the program and is recommended for
licensure under subdivision 5.
Subd. 7. Qualified
teacher. A person with a
valid limited-term license under this section is the teacher of record and a
qualified teacher within the meaning of section 122A.16.
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Sec. 10. Minnesota Statutes 2008, section 122A.40,
subdivision 2, is amended to read:
Subd. 2. Nonprovisional
license Licenses
defined. For purposes of this
section, with respect to a teacher, "nonprovisional
license" means an entrance, continuing, or life license initial,
standard, or master teacher license as defined in section 122A.18. With respect to a principal,
"license" means an initial, standard, or master principal license as
defined in section 122A.14.
Sec. 11. Minnesota Statutes 2008, section 122A.40,
subdivision 5, is amended to read:
Subd. 5. Probationary
period. (a) The first three
consecutive years of a teacher's first teaching experience in Minnesota in a
single district is deemed to be a probationary period of employment, and after
completion thereof, the probationary period in each district in which the
teacher is thereafter employed shall be one year. The school board must adopt a plan for
written evaluation of teachers during the probationary period that complies
with section 122A.411. Evaluation
must occur at least three times each year for a teacher performing services on
120 or more school days, at least two times each year for a teacher performing
services on 60 to 119 school days, and at least one time each year for a
teacher performing services on fewer than 60 school days. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities and days on
which a teacher is absent from school must not be included in determining the
number of school days on which a teacher performs services. Except as otherwise provided in paragraph
(b), during the probationary period any annual contract with any teacher may or
may not be renewed as the school board shall see fit. However, the board must give any such teacher
whose contract it declines to renew for the following school year written
notice to that effect before July 1. If
the teacher requests reasons for any nonrenewal of a teaching contract, the
board must give the teacher its reason in writing, including a statement that
appropriate supervision was furnished describing the nature and the extent of
such supervision furnished the teacher during the employment by the board,
within ten days after receiving such request.
The school board may, after a hearing held upon due notice, discharge a
teacher during the probationary period for cause, effective immediately, under
section 122A.44.
(b) A board must discharge a
probationary teacher, effective immediately, upon receipt of notice under
section 122A.20, subdivision 1, paragraph (b), that the teacher's license has
been revoked due to a conviction for child abuse or sexual abuse.
(c) A probationary teacher
whose first three years of consecutive employment are interrupted for active
military service and who promptly resumes teaching consistent with federal
reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching
experience for purposes of paragraph (a).
(d) A probationary teacher
must complete at least 60 days of teaching service each year during the
probationary period. Days devoted to
parent-teacher conferences, teachers' workshops, and other staff development
opportunities and days on which a teacher is absent from school do not count as
days of teaching service under this paragraph.
(e) The district's
determination to issue a contract to a probationary teacher must be based on
the following factors:
(1) a portfolio of the
teacher's professional growth plan based on standards of professional practice,
student learning, and successful teacher evaluations that comply with section
122A.411, conducted at least three times per year;
(2) measures of student
achievement, including at least 35 percent linked to student achievement growth
under section 120B.35 or another standardized student assessment approved by
the commissioner; and
(3) other locally selected
criteria aligned to best instructional practices in teaching and learning.
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of Page 12442
Sec. 12. Minnesota Statutes 2009 Supplement, section
122A.40, subdivision 6, is amended to read:
Subd. 6. Mentoring
for probationary teachers. (a)
A school board and an exclusive representative of the teachers in the district
must develop a probationary teacher peer review process through joint
agreement. The process may shall
include having trained observers serve as mentors or coaches or having teachers
participate in professional learning communities.
(b)
Districts shall provide support to teachers throughout their probationary
period to ensure new teachers are successfully building their portfolio to meet
continuing tenure requirements. The
support to new teachers shall include:
(1)
professional learning driven by standards of professional practice to improve
teaching and reflection on practice, including an orientation process
introducing the new teacher to the district, school, and teaching assignment;
(2) training
to promote professional growth and differentiation based on teacher and student
needs;
(3) trained
mentors provided with opportunities to meet with the new teacher for coaching,
collaboration, and reflection on practice; to assist in implementation of
professional growth plans; and to conduct formative assessments and
observations to measure new teachers' development and to be utilized in
improvement of teaching; and
(4)
development of the new teacher's professional growth plan based on standards of
professional practice, student learning, and teacher evaluations conducted at
least three times per year pursuant to the objective evaluation program
described in subdivision 5, paragraph (a).
Sec. 13. Minnesota Statutes 2008, section 122A.40, is
amended by adding a subdivision to read:
Subd. 7b. Teacher
continuing tenure system. (a)
The teacher continuing tenure system is established:
(1) to
require teacher employment and continuation of that employment at least every five
years based on evidence of satisfactory academic achievement growth of students
aligned to the requirements under section 124D.411;
(2) to
support teachers' professional growth and responsibility in improving the
academic achievement growth of students; and
(3) to
encourage teachers to undertake challenging assignments.
(b) After
the completion of the initial three-year probationary period, without
discharge, teachers who are thereupon reemployed shall continue in service and
hold their respective position during good behavior and efficient and competent
service for periods of five years. The
terms and conditions of a teacher's employment contract, including salary and
salary increases, must be based either on the length of the school year or an
extended school calendar under section 120A.415.
(c) At the
end of every five years of a teacher's service, the school district must either
continue or terminate a teacher's service to the district. The district's continuing tenure
determination must be based on the following factors:
(1) a
portfolio of the teacher's five-year professional growth plan based on
standards of professional practice, student learning, and successful teacher
evaluations that comply with section 122A.411, conducted at least three times
per year;
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of Page 12443
(2) measures
of student achievement, including at least 35 percent linked to student achievement
growth under section 120B.35 or another standardized student assessment
approved by the commissioner; and
(3) other
locally selected criteria aligned to best instructional practices in teaching
and learning.
(d) The
school board shall give teachers notice in writing before July 1 of renewal or
termination of employment.
(e) A
teacher not recommended for continuing tenure by the district shall have the
right to request a hearing pursuant to this section.
Sec. 14. Minnesota Statutes 2009 Supplement, section
122A.40, subdivision 8, is amended to read:
Subd. 8. Peer
coaching for continuing contract teachers.
(a) A school board and an exclusive representative of the
teachers in the district shall develop a peer review process for continuing
contract teachers through joint agreement.
The process may include having trained observers serve as peer coaches
or having teachers participate in professional learning communities.
(b)
Districts shall provide support to teachers to ensure teachers' professional
growth through:
(1)
professional learning driven by standards of professional practice to improve
teaching and reflection on practice;
(2) training
to promote professional growth and differentiation based on teacher and student
needs; and
(3) a
five-year professional growth plan focused on teachers' growth linked to
standards of professional practice, student learning, and successful teacher
evaluations that comply with section 122A.411, conducted at least three times
per year.
Sec. 15. Minnesota Statutes 2008, section 122A.40,
subdivision 9, is amended to read:
Subd. 9. Grounds
for termination. A continuing
contract may be terminated, effective at the close of the school year, upon any
of the following grounds:
(a)
Inefficiency;
(b) Neglect
of duty, or persistent violation of school laws, rules, regulations, or
directives;
(c) Conduct
unbecoming a teacher which materially impairs the teacher's educational
effectiveness;
(d) Other
good and sufficient grounds rendering the teacher unfit to perform the
teacher's duties.; and
(e) The
teacher is not recommended by the district for continuing tenure pursuant to
this section.
A contract
must not be terminated upon one of the grounds specified in clause (a), (b),
(c), or (d), or (e) unless the teacher fails to correct the
deficiency after being given written notice of the specific items of complaint
and reasonable time within which to remedy them.
Sec. 16. Minnesota Statutes 2008, section 122A.40, subdivision
10, is amended to read:
Subd. 10. Negotiated
unrequested leave of absence. The
school board and the exclusive bargaining representative of the teachers may
negotiate a plan providing for unrequested leave of absence without pay or
fringe benefits for as many teachers as may be necessary because of
discontinuance of position, lack of pupils, financial
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of Page 12444
limitations,
or merger of classes caused by consolidation of districts. Failing to successfully negotiate such a
plan, the provisions of subdivision 11 shall apply. The negotiated plan must not include
provisions which would result in the exercise of seniority by a teacher holding
a provisional an initial license, other than a vocational
education license, contrary to the provisions of subdivision 11, clause (c), or
the reinstatement of a teacher holding a provisional an initial
license, other than a vocational education license, contrary to the provisions
of subdivision 11, clause (e). The
provisions of section 179A.16 do not apply for the purposes of this
subdivision.
Sec. 17. Minnesota Statutes 2008, section 122A.40,
subdivision 11, is amended to read:
Subd. 11. Unrequested
leave of absence. The board may
place on unrequested leave of absence, without pay or fringe benefits, as many
teachers as may be necessary because of discontinuance of position, lack of
pupils, financial limitations, or merger of classes caused by consolidation of
districts. The unrequested leave is
effective at the close of the school year.
In placing teachers on unrequested leave, the board is governed by the
following provisions:
(a) The
board may place probationary teachers on unrequested leave first in the inverse
order of their employment. A teacher who
has acquired continuing contract rights must not be placed on unrequested leave
of absence while probationary teachers are retained in positions for which the
teacher who has acquired continuing contract rights is licensed;
(b)
Teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed in the
inverse order in which they were employed by the school district. In the case of equal seniority, the order in
which teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed is
negotiable;
(c)
Notwithstanding the provisions of clause (b), a teacher is not entitled to
exercise any seniority when that exercise results in that teacher being
retained by the district in a field for which the teacher holds only a
provisional an initial license, as defined by the board of teaching,
unless that exercise of seniority results in the placement on unrequested leave
of absence of another teacher who also holds a provisional an initial
license in the same field. The provisions
of this clause do not apply to vocational education licenses;
(d)
Notwithstanding clauses (a), (b) and (c), if the placing of a probationary
teacher on unrequested leave before a teacher who has acquired continuing
rights, the placing of a teacher who has acquired continuing contract rights on
unrequested leave before another teacher who has acquired continuing contract
rights but who has greater seniority, or the restriction imposed by the
provisions of clause (c) would place the district in violation of its
affirmative action program, the district may retain the probationary teacher,
the teacher with less seniority, or the provisionally initial
licensed teacher;
(e)
Teachers placed on unrequested leave of absence must be reinstated to the positions
from which they have been given leaves of absence or, if not available, to
other available positions in the school district in fields in which they are
licensed. Reinstatement must be in the
inverse order of placement on leave of absence.
A teacher must not be reinstated to a position in a field in which the
teacher holds only a provisional an initial license, other than a
vocational education license, while another teacher who holds a nonprovisional
standard or master license in the same field remains on unrequested
leave. The order of reinstatement of
teachers who have equal seniority and who are placed on unrequested leave in
the same school year is negotiable;
(f)
Appointment of a new teacher must not be made while there is available, on
unrequested leave, a teacher who is properly licensed to fill such vacancy,
unless the teacher fails to advise the school board within 30 days of the date
of notification that a position is available to that teacher who may return to
employment and assume the duties of the position to which appointed on a future
date determined by the board;
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(g) A teacher placed on
unrequested leave of absence may engage in teaching or any other occupation
during the period of this leave;
(h) The unrequested leave of
absence must not impair the continuing contract rights of a teacher or result
in a loss of credit for previous years of service;
(i) The unrequested leave of
absence of a teacher who is placed on unrequested leave of absence and who is
not reinstated shall continue for a period of five years, after which the right
to reinstatement shall terminate. The
teacher's right to reinstatement shall also terminate if the teacher fails to
file with the board by April 1 of any year a written statement requesting
reinstatement;
(j) The same provisions
applicable to terminations of probationary or continuing contracts in
subdivisions 5 and 7 must apply to placement on unrequested leave of absence;
(k) Nothing in this
subdivision shall be construed to impair the rights of teachers placed on
unrequested leave of absence to receive unemployment benefits if otherwise
eligible.
Sec. 18. Minnesota Statutes 2008, section 122A.41,
subdivision 1, is amended to read:
Subdivision 1. Words,
terms, and phrases. Unless the
language or context clearly indicates that a different meaning is intended, the
following words, terms, and phrases, for the purposes of the following
subdivisions in this section shall be defined as follows:
(a) Teachers. The term
"teacher" includes every person regularly employed, as a principal,
or to give instruction in a classroom, or to superintend or supervise classroom
instruction, or as placement teacher and visiting teacher. Persons regularly employed as counselors and
school librarians shall be covered by these sections as teachers if licensed as
teachers or as school librarians.
(b) School board. The term
"school board" includes a majority in membership of any and all
boards or official bodies having the care, management, or control over public
schools.
(c) Demote. The word
"demote" means to reduce in rank or to transfer to a lower branch of
the service or to a position carrying a lower salary or compensation.
(d) Nonprovisional license Licenses
defined. For purposes of this
section, with respect to a teacher, "nonprovisional
license" shall mean an entrance, continuing, or life license means
an initial, standard, or master teacher license as defined in section
122A.18. With respect to a principal,
"license" means an initial, standard, or master principal license as
defined in section 122A.14.
Sec. 19. Minnesota Statutes 2008, section 122A.41,
subdivision 2, is amended to read:
Subd. 2. Probationary
period; discharge or demotion. (a)
All teachers in the public schools in cities of the first class during the first
three years of consecutive employment shall be deemed to be in a probationary
period of employment during which period any annual contract with any teacher
may, or may not, be renewed as the school board, after consulting with the peer
review committee charged with evaluating the probationary teachers under
subdivision 3, shall see fit. The school
site management team or the school board if there is no school site management
team, shall adopt a plan for a written evaluation of teachers during the probationary
period according to subdivision 3 that complies with section 122A.411. Evaluation by the peer review committee
charged with evaluating probationary teachers under subdivision 3 shall occur
at least three times each year for a teacher performing services on 120 or more
school days, at least two times each year for a teacher performing services on
60 to 119 school days, and at least one time each year for a teacher performing
services on fewer than 60 school days.
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Day - Tuesday, May 11, 2010 - Top of Page 12446
Days devoted to
parent-teacher conferences, teachers' workshops, and other staff development
opportunities and days on which a teacher is absent from school shall not be
included in determining the number of school days on which a teacher performs
services. The school board may, during
such probationary period, discharge or demote a teacher for any of the causes
as specified in this code. A written
statement of the cause of such discharge or demotion shall be given to the
teacher by the school board at least 30 days before such removal or demotion
shall become effective, and the teacher so notified shall have no right of
appeal therefrom.
(b) A probationary teacher
whose first three years of consecutive employment are interrupted for active
military service and who promptly resumes teaching consistent with federal
reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching
experience for purposes of paragraph (a).
(c) A probationary teacher
must complete at least 60 days of teaching service each year during the
probationary period. Days devoted to
parent-teacher conferences, teachers' workshops, and other staff development
opportunities and days on which a teacher is absent from school do not count as
days of teaching service under this paragraph.
(d) The district's
determination to issue a contract to a probationary teacher must be based on
the following factors:
(1) a portfolio of the
teacher's professional growth plan based on standards of professional practice,
student learning, and successful teacher evaluations that comply with section
122A.411, conducted at least three times per year;
(2) measures of student
achievement, including at least 35 percent linked to student achievement growth
under section 120B.35 or another standardized student assessment approved by
the commissioner; and
(3) other locally selected
criteria aligned to best instructional practices in teaching and learning.
(e) The school board shall
give teachers notice in writing before July 1 of renewal or termination of
employment.
Sec. 20. Minnesota Statutes 2009 Supplement, section
122A.41, subdivision 3, is amended to read:
Subd. 3. Mentoring
for probationary teachers. (a)
A board and an exclusive representative of the teachers in the district must
develop a probationary teacher peer review process through joint agreement. The process may include having trained
observers serve as mentors or coaches or having teachers participate in
professional learning communities.
(b) Districts shall provide
support to teachers throughout their probationary period to ensure new teachers
are successfully building their portfolio to meet continuing tenure
requirements. The support to new
teachers shall include:
(1) professional learning
driven by standards of professional practice to improve teaching and reflection
on practice, including an orientation process introducing the new teacher to
the district, school, and teaching assignment;
(2) training to promote
professional growth and differentiation based on teacher and student needs;
(3) trained mentors provided
with opportunities to meet with the new teacher for coaching, collaboration,
and reflection on practice; to assist in implementation of professional
growth plans; and to conduct formative assessments and observations to measure
new teachers' development and to be utilized in improvement of teaching; and
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12447
(4)
development of the new teacher's professional growth plan based on standards of
professional practice, student learning, and teacher evaluations, conducted at
least three times per year pursuant to the objective evaluation program
described in subdivision 2, paragraph (a).
Sec. 21. Minnesota Statutes 2008, section 122A.41,
subdivision 4, is amended to read:
Subd. 4. Period
of service after probationary period; discharge or demotion Teacher continuing tenure system. (a) The teacher continuing tenure
system is established:
(1) to
require teacher employment and continuation of that employment at least every
five years based on evidence of satisfactory academic achievement growth of
students aligned to the requirements under section 124D.411;
(2) to
support teachers' professional growth and responsibility in improving the
academic achievement growth of students; and
(3) to
encourage teachers to undertake challenging assignments.
(b) After the
completion of such the initial three-year probationary period,
without discharge, such teachers as who are thereupon
reemployed shall continue in service and hold their respective position during
good behavior and efficient and competent service and must not be discharged or
demoted except for cause after a hearing for periods of five years. The terms and conditions of a teacher's
employment contract, including salary and salary increases, must be based
either on the length of the school year or an extended school calendar under
section 120A.415.
(b) A
probationary teacher is deemed to have been reemployed for the ensuing school
year, unless the school board in charge of such school gave such teacher notice
in writing before July 1 of the termination of such employment.
(c) A
teacher electing to have an employment contract based on the extended school
calendar under section 120A.415 must participate in staff development training
under subdivision 4a and shall receive an increased base salary.
(c) At the
end of every five years of a teacher's service, the school district must either
continue or terminate a teacher's service to the district. The district's continuing tenure
determination must be based on the following factors:
(1) a
portfolio of the teacher's five-year professional growth plan based on
standards of professional practice, student learning, and successful teacher
evaluations that comply with section 122A.411, conducted at least three times
per year;
(2)
measures of student achievement, including at least 35 percent linked to
student achievement growth under section 120B.35 or another standardized
student assessment approved by the commissioner; and
(3) other
locally selected criteria aligned to best instructional practices in teaching
and learning.
(d) The
school board shall give teachers notice in writing before July 1 of renewal or
termination of employment.
(e) A
teacher not recommended for continuing tenure by the district shall have the
right to request a hearing pursuant to this section.
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Sec. 22. Minnesota Statutes 2009 Supplement, section
122A.41, subdivision 5, is amended to read:
Subd. 5. Peer
coaching for continuing contract teachers.
(a) A school board and an exclusive representative of the
teachers in the district must develop a peer review process for nonprobationary
teachers through joint agreement. The
process may include having trained observers serve as peer coaches or having
teachers participate in professional learning communities.
(b) Districts shall provide
support to teachers to ensure teachers' professional growth through:
(1) professional learning
driven by standards of professional practice to improve teaching and reflection
on practice;
(2) training to promote professional
growth and differentiation based on teacher and student needs; and
(3) a five-year professional
growth plan focused on teachers' growth linked to standards of professional
practice, student learning, and successful teacher evaluations that comply with
section 122A.411, conducted at least three times per year.
Sec. 23. Minnesota Statutes 2008, section 122A.41,
subdivision 6, is amended to read:
Subd. 6. Grounds
for discharge or demotion. (a) Except
as otherwise provided in paragraph (b), causes for the discharge or demotion of
a teacher either during or after the probationary period must be:
(1) Immoral character,
conduct unbecoming a teacher, or insubordination;
(2) Failure without justifiable
cause to teach without first securing the written release of the school board
having the care, management, or control of the school in which the teacher is
employed;
(3) Inefficiency in teaching
or in the management of a school;
(4) Affliction with active
tuberculosis or other communicable disease must be considered as cause for
removal or suspension while the teacher is suffering from such disability; or
(5) Discontinuance of
position or lack of pupils.; or
(6) The teacher is not
recommended by the district for continuing tenure pursuant to this section.
For purposes of this
paragraph, conduct unbecoming a teacher includes an unfair discriminatory
practice described in section 363A.13. A
contract must not be terminated upon the grounds specified in clause (6) unless
the teacher fails to correct the deficiency after being given written notice of
the specific items of complaint and reasonable time within which to remedy
them.
(b) A probationary or
continuing-contract teacher must be discharged immediately upon receipt of
notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse or sexual
abuse.
Sec. 24. Minnesota Statutes 2008, section 122A.41,
subdivision 14, is amended to read:
Subd. 14. Services
terminated by discontinuance or lack of pupils; preference given. (a) A teacher whose services are
terminated on account of discontinuance of position or lack of pupils must
receive first consideration for other positions in the district for which that
teacher is qualified. In the event it
becomes necessary to discontinue
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one or more positions, in
making such discontinuance, teachers must be discontinued in any department in
the inverse order in which they were employed, unless a board and the exclusive
representative of teachers in the district negotiate a plan providing
otherwise.
(b)
Notwithstanding the provisions of clause (a), a teacher is not entitled to
exercise any seniority when that exercise results in that teacher being
retained by the district in a field for which the teacher holds only a
provisional an initial license, as defined by the Board of Teaching,
unless that exercise of seniority results in the termination of services, on
account of discontinuance of position or lack of pupils, of another teacher who
also holds a provisional an initial license in the same
field. The provisions of this clause do
not apply to vocational education licenses.
(c)
Notwithstanding the provisions of clause (a), a teacher must not be reinstated
to a position in a field in which the teacher holds only a provisional an
initial license, other than a vocational education license, while another
teacher who holds a nonprovisional standard or master license in
the same field is available for reinstatement.
Sec. 25. [122A.411]
STATEWIDE TEACHER AND PRINCIPAL EVALUATION.
Subdivision
1. Minnesota annual teacher appraisal system. (a) The commissioner of education, in
conjunction with the Minnesota annual teacher appraisal system task force,
shall develop an annual review and appraisal process for probationary and
continuing contract teachers holding any and all teaching licenses, including
initial, standard, and master teaching licenses. The annual review and appraisal process is
required of all teachers employed by school districts and charter schools. The annual review and appraisal process must
be aligned to the best instructional practices in teaching and learning.
(b) The
annual review and appraisal process must include, at a minimum:
(1) a
written individual teacher appraisal aligned with the educational improvement
plan under section 122A.413 and the staff development plan under section
122A.60;
(2)
objective evaluations using multiple criteria conducted by a locally selected
and periodically trained evaluation team that understands teaching and
learning;
(3) measures
of student achievement, including at least 35 percent linked to student
achievement growth under section 120B.35 or another standardized student
assessment approved by the commissioner; and
(4) other
locally selected criteria aligned to best instructional practices in teaching
and learning.
(c) The
commissioner of education, in conjunction with the Minnesota annual teacher
appraisal system task force, shall apply ratings to teachers annually, based on
at least the following minimum scale:
(1) a
teacher is considered "highly effective" if the teacher's portfolio
shows evidence that the teacher's students, on average, experienced more than
one year of growth on the statewide student academic achievement measures
defined in section 120B.35 or another standardized student assessment approved
by the commissioner and the teacher received a performance rating of
"5" on the Minnesota annual teacher appraisal system evaluation
rubric;
(2) a
teacher is considered "effective" if the teacher's portfolio shows
evidence that the teacher's students, on average, experienced at least one year
of growth on the statewide student academic achievement measures defined in
section 120B.35 or another standardized student assessment approved by the
commissioner and the teacher received a performance rating of "3" or
better on the Minnesota annual teacher appraisal system evaluation rubric;
(3) a
teacher is considered in "needs improvement" if the teacher's
portfolio shows evidence that the teacher's students, on average, experienced
less than one year of growth on the statewide student academic achievement
measures defined in section 120B.35 or another standardized assessment approved
by the commissioner or the teacher received a performance rating of
"2" or worse on the Minnesota annual teacher appraisal system
evaluation rubric; and
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(4) a teacher
is considered "ineffective" if the teacher's portfolio shows evidence
that the teacher's students, on average, experienced low growth on the
statewide student academic achievement measures defined in section 120B.35 or
another standardized student assessment approved by the commissioner and the
teacher received a performance rating of "1" on the Minnesota annual
teacher appraisal system rubric.
(d) The
commissioner of education, in conjunction with the Minnesota annual teacher
appraisal system task force, shall develop, through joint agreement, a peer
review and assistance system to provide support for the full spectrum of
teaching, including support for teachers deemed both highly effective and
ineffective, through the evaluation process under this section. Teachers receiving an "ineffective"
rating as defined in paragraph (c) shall be referred to peer assistance and
review.
(e) The
commissioner of education shall convene a task force of educators and
stakeholders to develop a performance evaluation rubric based on standards of
professional practice. The Minnesota
annual teacher appraisal system evaluation rubric shall have five performance
ratings. The task force shall submit a
report to the commissioner of education and to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over
kindergarten through grade 12 education policy and finance summarizing
aggregated teacher appraisal data by state, district, school, subject, and
level wherever there are sufficient individuals within a cohort to prevent
violation of federal privacy law. The
task force shall submit the report to the commissioner and legislative
committees and divisions with jurisdiction over kindergarten through grade 12
education policy and finance no later than December 15, 2010.
Subd. 2. Minnesota
annual principal appraisal system. (a)
The commissioner of education, in conjunction with the Minnesota annual
principal appraisal system task force, shall develop an annual review and appraisal
process for probationary and continuing contract principals holding any and all
principal licenses. The annual review
and appraisal process must be aligned to the best instructional practices in
school and instructional leadership.
(b) The
annual review and appraisal process must include, at a minimum:
(1) a
written individual principal appraisal aligned with the educational improvement
plan under section 122A.413 and the staff development plan under section
122A.60;
(2)
objective evaluations using multiple criteria conducted by a locally selected
and periodically trained evaluation team that understands school and
instructional leadership;
(3)
evidence that, for reading and mathematics separately, the three-year average
percentage of the principal's school's students making medium and high growth
is equal to or greater than the percentage of students in the state making
medium and high growth as defined in section 120B.299; and
(4) other
locally selected criteria aligned to best instructional practices in
instructional leadership, teaching, and learning.
(c) The
commissioner of education, in conjunction with the Minnesota annual principal
appraisal system task force, shall apply ratings to principals annually, based
on at least the following minimum scale:
(1) a
principal is considered "highly effective" if the principal's
portfolio shows evidence that the school that the principal is leading is
making at least one year of growth on the statewide student academic achievement
measures defined in section 120B.35 or another standardized student assessment
approved by the commissioner and the principal received a performance rating of
"5" on the Minnesota annual principal appraisal system evaluation
rubric;
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(2) a principal is
considered "effective" if the principal's portfolio shows evidence
that the school that the principal is leading is making at least one year of
growth at the rate of the state average, on the statewide student academic
achievement measures defined in section 120B.35 or another standardized student
assessment approved by the commissioner and the principal received a
performance rating of "3" or better on the Minnesota annual principal
appraisal system evaluation rubric;
(3) a principal is
considered in "needs improvement" if the principal's portfolio shows
evidence that the school that the principal is leading is making growth that is
less than the state average on the statewide student academic achievement
measures defined in section 120B.35 or another standardized assessment approved
by the commissioner or the principal received a performance rating of "2"
or worse on the Minnesota annual principal appraisal system evaluation rubric;
and
(4) a principal is
considered "ineffective" if the principal's portfolio shows evidence
of no growth on the statewide student academic achievement measures defined in
section 120B.35 or another standardized student assessment approved by the
commissioner and the principal received a performance rating of "1"
on the Minnesota annual principal appraisal system rubric.
A principal cannot be rated
as effective or better unless the principal has demonstrated satisfactory
levels of student growth for the school that the principal leads.
(d) Principals receiving an
"ineffective" rating as defined in paragraph (c) shall be referred to
the Minnesota principals academy for remediation.
(e) The commissioner of
education shall convene a task force of administrators and stakeholders to
develop an evaluation rubric based on standards of professional practice. The Minnesota annual principal appraisal system
evaluation rubric shall have five performance ratings. The task force shall submit a report to the
commissioner of education and to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over kindergarten
through grade 12 education policy and finance summarizing aggregated principal
appraisal data by state, district, school, subject, and level wherever there
are sufficient individuals within a cohort to prevent violation of federal
privacy law. The task force shall submit
the report to the commissioner and legislative committees and divisions with
jurisdiction over kindergarten through grade 12 education policy and finance no
later than December 15, 2010.
Sec. 26. Minnesota Statutes 2008, section 122A.413, as
amended by Laws 2009, chapter 96, article 2, section 25, is amended to read:
122A.413 EDUCATIONAL IMPROVEMENT PLAN.
Subdivision 1. Qualifying
plan. A district or intermediate
school district may develop an educational improvement plan for the purpose of
qualifying for the alternative teacher and principal professional pay
system under section 122A.414. The plan
must include measures for improving school district, intermediate school
district, school site, teacher, principal, and individual student
performance.
Subd. 2. Plan
components. The educational
improvement plan must be approved by the school board and have at least these
elements:
(1) assessment and
evaluation tools to measure student performance and progress;
(2) performance goals and
benchmarks for improvement;
(3) measures of student
attendance and completion rates;
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(4) a
rigorous research and practice-based professional development system, based on
national and state standards of effective teaching and principal
practice and consistent with section 122A.60, that is aligned with educational
improvement and designed to achieve ongoing and schoolwide progress and growth
in teaching and principal practice;
(5)
measures of student, family, and community involvement and satisfaction;
(6) a data
system about students and their academic progress that provides parents and the
public with understandable information;
(7) a teacher
an induction and mentoring program for probationary teachers and
principals that provides continuous learning and sustained teacher or
principal support; and
(8)
substantial participation by the exclusive representative of the teachers and
principals in developing the plan.
Subd. 3. School
site accountability. A district or
intermediate school district that develops a plan under subdivisions 1 and 2
must ensure that each school site develops a board-approved educational
improvement plan that is aligned with the district educational improvement plan
under subdivision 2 and developed with the exclusive representative of the
teachers and principals. While a
site plan must be consistent with the district educational improvement plan, it
may establish performance goals and benchmarks that meet or exceed those of the
district.
Sec. 27. Minnesota Statutes 2008, section 122A.414, as
amended by Laws 2009, chapter 96, article 2, section 26, is amended to read:
122A.414 ALTERNATIVE TEACHER PAY.
Subdivision
1. Restructured
pay system. A restructured
alternative teacher and principal professional pay system is established
under subdivision 2 to provide incentives to encourage teachers and
principals to improve their knowledge and instructional skills in order to
improve student learning and for school districts, intermediate school
districts, and charter schools to recruit and retain highly qualified teachers and
principals, encourage highly qualified teachers and principals to
undertake challenging assignments, and support teachers' and principals'
roles in improving students' educational achievement.
Subd. 1a. Transitional
planning year. (a) To be eligible to
participate in an alternative teacher and principal professional pay
system, a school district, intermediate school district, or site, at least one
school year before it expects to fully implement an alternative pay system,
must:
(1) submit
to the department a letter of intent executed by the school district or
intermediate school district and the exclusive representative of the teachers and
principals to complete a plan preparing for full implementation, consistent
with subdivision 2, that may include, among other activities, training to
evaluate teacher and principal performance, a restructured school day to
develop integrated ongoing site-based professional development activities,
release time to develop an alternative pay system agreement, and teacher,
principal, and staff training on using multiple data sources; and
(2) agree
to use up to two percent of basic revenue for staff development purposes,
consistent with sections 122A.60 and 122A.61, to develop the alternative
teacher and principal professional pay system agreement under this
section.
(b) To be
eligible to participate in an alternative teacher and principal
professional pay system, a charter school, at least one school year before it
expects to fully implement an alternative pay system, must:
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(1) submit to the department
a letter of intent executed by the charter school and the charter school board
of directors;
(2) submit the record of a
formal vote by the teachers employed at the charter school indicating at least
70 percent of all teachers agree to implement the alternative pay system; and
(3) agree to use up to two
percent of basic revenue for staff development purposes, consistent with
sections 122A.60 and 122A.61, to develop the alternative teacher and
principal professional pay system.
(c) The commissioner may
waive the planning year if the commissioner determines, based on the criteria
under subdivision 2, that the school district, intermediate school district,
site or charter school is ready to fully implement an alternative pay system.
Subd. 2. Alternative
teacher and principal professional pay system. (a) To participate in this program, a
school district, intermediate school district, school site, or charter school
must have an educational improvement plan under section 122A.413 and an
alternative teacher and principal professional pay system agreement
under paragraph (b). A charter school
participant also must comply with subdivision 2a.
(b) The alternative teacher and
principal professional pay system agreement must:
(1) describe how teachers
can achieve career advancement and how teachers and principals can achieve additional
compensation;
(2) describe how the school
district, intermediate school district, school site, or charter school will
provide teachers with career advancement options that allow teachers to retain
primary roles in student instruction and facilitate site-focused professional
development that helps other teachers improve their skills;
(3) reform the "steps
and lanes" salary schedule, prevent any teacher's compensation paid before
implementing the pay system from being reduced as a result of participating in
this system, and base at least 60 percent of any compensation increase on
teacher performance using:
(i) schoolwide student
achievement gains under section 120B.35 or locally selected standardized
assessment outcomes, or both;
(ii) measures of student
achievement, including at least 35 percent linked to student achievement
growth under section 120B.35 or another standardized student assessment
approved by the commissioner; and
(iii) an objective
evaluation program aligned with section 122A.411 that includes:
(A) individual teacher
evaluations aligned with the educational improvement plan under section
122A.413 and the staff development plan under section 122A.60; and
(B) objective evaluations
using multiple criteria conducted by a locally or regionally selected
and periodically trained evaluation team that understands teaching and
learning;
(4) prevent any principal's
compensation paid before implementing the pay system from being reduced as a
result of participating in this system, and base at least 60 percent of any compensation
increase on performance using:
(i) schoolwide student
achievement gains under section 120B.35 or locally selected standardized
assessment outcomes, or both;
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(ii) measures of student
achievement; and
(iii) an objective
evaluation program aligned with section 122A.411 that includes:
(A) individual principal
evaluations aligned with the educational improvement plan under section
122A.413 and the staff development plan under section 122A.60;
(B) objective evaluations
using multiple criteria conducted by a locally or regionally selected and
periodically trained evaluation team that understands teaching and learning;
and
(C) a peer review and
assistance system to provide support for the full spectrum of teaching,
including support for teachers and principals deemed both effective and
ineffective, through the evaluation process under section 122A.411;
(4) (5) provide
integrated ongoing site-based professional development activities to improve
instructional skills and learning that are aligned with student needs under
section 122A.413, consistent with the staff development plan under section
122A.60 and led during the school day by trained teacher leaders such as master
or mentor teachers;
(5) (6) allow any
teacher in a participating school district, intermediate school district, school
site, or charter school that implements an alternative pay system to
participate in that system without any quota or other limit; and
(6) (7) encourage
collaboration rather than competition among teachers and principals.
Subd. 2a. Charter
school applications. For charter
school applications, the board of directors of a charter school that satisfies
the conditions under subdivisions 2 and 2b must submit to the commissioner an
application that contains:
(1) an agreement to
implement an alternative teacher and principal professional pay system
under this section;
(2) a resolution by the
charter school board of directors adopting the agreement; and
(3) the record of a formal
vote by the teachers employed at the charter school indicating that at least 70
percent of all teachers agree to implement the alternative teacher and
principal professional pay system, unless the charter school submits an
alternative teacher and principal professional pay system agreement
under this section before the first year of operation.
Alternative compensation
revenue for a qualifying charter school must be calculated under section
126C.10, subdivision 34, paragraphs (a) and (b).
Subd. 2b. Approval
process. (a) Consistent with the
requirements of this section and sections 122A.413 and 122A.415, the department
must prepare and transmit to interested school districts, intermediate school
districts, school sites, and charter schools a standard form for applying to
participate in the alternative teacher and principal professional pay
system. The commissioner annually must
establish three dates as deadlines by which interested applicants must submit
an application to the commissioner under this section. An interested school district, intermediate
school district, school site, or charter school must submit to the commissioner
a completed application executed by the district superintendent and the
exclusive bargaining representative of the teachers and principals if
the applicant is a school district, intermediate school district, or school
site, or executed by the charter school board of directors if the applicant is
a charter school. The application must
include the proposed alternative teacher and principal professional pay
system agreement under subdivision 2.
The department must review a completed application within 30 days of the
most recent application deadline and recommend to the commissioner whether to
approve or disapprove the application.
The commissioner must approve applications on a first-come, first-served
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basis. The applicant's alternative teacher and
principal professional pay system agreement must be legally binding on the
applicant and the collective bargaining representative representatives
before the applicant receives alternative compensation revenue. The commissioner must approve or disapprove
an application based on the requirements under subdivisions 2 and 2a.
(b) If the
commissioner disapproves an application, the commissioner must give the
applicant timely notice of the specific reasons in detail for disapproving the
application. The applicant may revise
and resubmit its application and related documents to the commissioner within
30 days of receiving notice of the commissioner's disapproval and the
commissioner must approve or disapprove the revised application, consistent
with this subdivision. Applications that
are revised and then approved are considered submitted on the date the
applicant initially submitted the application.
Subd. 3. Report;
continued funding. (a) Participating
districts, intermediate school districts, school sites, and charter schools
must report on the implementation and effectiveness of the alternative teacher and
principal professional pay system, particularly addressing each requirement
under subdivision 2 and make annual recommendations by June 15 to their school
boards. The school board or board of
directors shall transmit a copy of the report with a summary of the findings
and recommendations of the district, intermediate school district, school site,
or charter school to the commissioner.
(b) If the
commissioner determines that a school district, intermediate school district,
school site, or charter school that receives alternative teacher and
principal compensation revenue is not complying with the requirements of
this section, the commissioner may withhold funding from that participant. Before making the determination, the
commissioner must notify the participant of any deficiencies and provide the
participant an opportunity to comply.
Subd. 4. Planning
and staff development. A school
district that qualifies to participate in the alternative teacher and
principal professional pay system transitional planning year under
subdivision 1a may use up to two percent of basic revenue that would otherwise
be reserved under section 122A.61 for complying with the planning and staff
development activities under this section.
Sec. 28. Minnesota Statutes 2008, section 122A.60, as
amended by Laws 2009, chapter 96, article 2, section 28, is amended to read:
122A.60 STAFF DEVELOPMENT PROGRAM.
Subdivision
1. Staff
development committee. A school
board must use the revenue authorized in section 122A.61 for in-service
education for programs under section 120B.22, subdivision 2, or for
staff development and teacher and principal training plans under this
section. The board must establish an
advisory staff development committee to develop the plan, assist site
professional development teams in developing a site plan consistent with the
goals of the plan, and evaluate staff development efforts at the site level. A majority of the advisory committee and the
site professional development team must be teachers and principals
representing various grade levels, subject areas, and special education. The advisory committee must also include
nonteaching staff, parents, and administrators.
Subd. 1a. Effective
staff development activities. (a)
Staff development activities must be aligned with the district and school
site staff development plans, based on student achievement data, focused on
student learning goals, and used in the classroom setting. Activities must:
(1) focus
on the school classroom and research-based scientifically based
research strategies that improve student learning;
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(2) provide
opportunities for teachers to practice and improve their instructional skills
over time and receive instruction-based observations using objective
standards-based assessments to assist in the professional growth process;
(3) provide regular
and ongoing opportunities for teachers and principals to use student
data as part of their daily work to increase student achievement;
(4) enhance
teacher and principal content knowledge and instructional skills;
(5) align
with state and local academic standards;
(6) provide job-embedded,
integrated professional development opportunities during teacher and
principal contract day to build professional relationships, foster
collaboration among principals and staff who provide instruction to
identify instructional strategies to meet student learning goals, plan for
instruction, practice new teaching strategies, review the results of
implementing strategies, and provide opportunities for teacher-to-teacher and
principal-to-principal coaching and mentoring; and
(7) align
with the plan of the district or site for an alternative teacher
professional pay system those participating in an alternative teacher
and principal professional pay system under section 122A.414.
Staff
development activities may also include curriculum development and
curriculum training programs, and activities that provide teachers and
principals and other members of site-based teams training to enhance team
performance. The school district also
may implement other staff development activities required by law and activities
associated with professional teacher and principal compensation models.
(b) Release
time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's
knowledge and instructional skills, such as preparing report cards, calculating
grades, or organizing classroom materials, may not be counted as staff
development time that is financed with staff development reserved revenue under
section 122A.61.
Subd. 2. Contents
of plan. The plan must be based
on student achievement and include student learning goals, the staff
development outcomes under subdivision 3, the means to achieve the outcomes,
and procedures for evaluating progress at each school site toward meeting
education outcomes, consistent with relicensure requirements under section
122A.18, subdivision 2, paragraph (b).
The plan also must:
(1) support
stable and productive professional communities achieved through ongoing and
schoolwide progress and growth in teaching practice;
(2)
emphasize coaching, professional learning communities, classroom action
research, and other job-embedded models;
(3) maintain
a strong subject matter focus premised on students' learning goals;
(4) ensure
specialized preparation and learning about issues related to teaching students
with special needs and limited English proficiency; and
(5)
reinforce national and state standards of effective teaching practice.
Subd. 3. Staff
development outcomes. The advisory
staff development committee must adopt a staff development plan for increasing
teacher and principal effectiveness and improving student achievement. The plan must be consistent with education
outcomes that the school board determines.
The plan must include ongoing staff development activities that
contribute toward continuous improvement in achievement of the following goals:
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(1) improve student
achievement of state and local education standards in all areas of the
curriculum by using best practices methods and scientifically based research;
(2) effectively meet the
needs of a diverse student population, including at-risk children, children
with disabilities, and gifted children, within the regular classroom and other
settings;
(3) provide an inclusive
curriculum for a racially, ethnically, and culturally diverse student
population that is consistent with the state education diversity rule and the
district's education diversity plan;
(4) improve staff
collaboration and develop mentoring and peer coaching programs for teachers new
to the school or district and principals in their first five years;
(5) effectively teach and
model violence prevention policy and curriculum that address early intervention
alternatives, issues of harassment, and teach nonviolent alternatives for
conflict resolution; and
(6) provide teachers and
other members of site-based management teams with appropriate management and
financial management skills.
Subd. 4. Staff
development report. (a) By October 15
1 of each year, the district and site staff development committees shall
write and submit a report of staff development activities and expenditures for
the previous year, in the form and manner determined by the commissioner. The report, signed by the district
superintendent and staff development chair, must include assessment and
evaluation data indicating progress toward district and site staff development
goals based on teaching and learning outcomes, including the percentage of
teachers and other staff involved in instruction who participate in effective
staff development activities under subdivision 3.
(b) The report must break
down expenditures for:
(1) curriculum development
and curriculum training programs; and
(2) staff development
training models, workshops, and conferences, and the cost of releasing teachers
or providing substitute teachers for staff development purposes.
The report also must
indicate whether the expenditures were incurred at the district level or the
school site level, and whether the school site expenditures were made possible
by grants to school sites that demonstrate exemplary use of allocated staff
development revenue. These expenditures
must be reported using the uniform financial and accounting and reporting
standards.
(c) The commissioner shall
report the staff development progress and expenditure data to the house of
representatives and senate committees having jurisdiction over education by
February 15 each year.
Sec. 29. Minnesota Statutes 2008, section 122A.61,
subdivision 1, is amended to read:
Subdivision 1. Staff
development revenue. A district is
required to reserve an amount equal to at least two percent of the basic
revenue under section 126C.10, subdivision 2, for in-service education for
programs under section 120B.22, subdivision 2, for with the primary
purpose of creating and implementing district and school site staff
development plans, including.
Funds may also be used to support plans for challenging
instructional activities and experiences under section 122A.60, and for
curriculum development and programs, other in-service education, teachers'
workshops, teacher conferences, the cost of substitute teachers staff
development purposes, preservice and in-service education for special
education professionals and paraprofessionals, and other related costs for
staff development efforts. A district
may annually waive the requirement to reserve their basic revenue under this
section if a majority vote of the licensed teachers in the district and a
majority vote of the school board agree to a resolution
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to waive the
requirement. A district in statutory
operating debt is exempt from reserving basic revenue according to this
section. Districts may expend an
additional amount of unreserved revenue for staff development based on their
needs. With the exception of amounts
reserved for staff development from revenues allocated directly to school
sites, the board must initially allocate 50 percent of the reserved revenue to
each school site in the district on a per teacher basis, which must be retained
by the school site until used. The board
may retain 25 percent to be used for district wide staff development
efforts. The remaining 25 percent of the
revenue must be used to make grants to school sites for best practices methods. A grant may be used for any purpose
authorized under section 120B.22, subdivision 2, 122A.60, or for the costs
of curriculum development and programs, other in-service education, teachers'
workshops, teacher conferences, substitute teachers for staff development
purposes, and other staff development efforts, and determined by the site
professional development team. The
site professional development team must demonstrate to the school board the
extent to which staff at the site have met the outcomes of the program. The board may withhold a portion of initial
allocation of revenue if the staff development outcomes are not being met.
Sec. 30. Minnesota Statutes 2008, section 123B.09,
subdivision 8, is amended to read:
Subd. 8. Duties. The board must superintend and manage the
schools of the district; adopt rules for their organization, government, and
instruction; keep registers; and prescribe textbooks and courses of study. The board may enter into an agreement with a
postsecondary institution for secondary or postsecondary nonsectarian courses
to be taught at a secondary school, nonsectarian postsecondary institution, or
another location. The board must not
enter into an agreement which limits a district superintendent's duty to assign
and reassign teachers or administrators to the schools in which the teachers
will teach or the administrators will administer.
Sec. 31. Minnesota Statutes 2009 Supplement, section
123B.143, subdivision 1, is amended to read:
Subdivision
1. Contract;
duties. All districts maintaining a
classified secondary school must employ a superintendent who shall be an ex
officio nonvoting member of the school board.
The authority for selection and employment of a superintendent must be
vested in the board in all cases. An
individual employed by a board as a superintendent shall have an initial
employment contract for a period of time no longer than three years from the
date of employment. Any subsequent
employment contract must not exceed a period of three years. A board, at its discretion, may or may not
renew an employment contract. A board
must not, by action or inaction, extend the duration of an existing employment
contract. Beginning 365 days prior to
the expiration date of an existing employment contract, a board may negotiate
and enter into a subsequent employment contract to take effect upon the
expiration of the existing contract. A
subsequent contract must be contingent upon the employee completing the terms
of an existing contract. If a contract
between a board and a superintendent is terminated prior to the date specified
in the contract, the board may not enter into another superintendent contract
with that same individual that has a term that extends beyond the date
specified in the terminated contract. A
board may terminate a superintendent during the term of an employment contract
for any of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall not rely upon an
employment contract with a board to assert any other continuing contract rights
in the position of superintendent under section 122A.40. Notwithstanding the provisions of sections
122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law to the
contrary, no individual shall have a right to employment as a superintendent
based on order of employment in any district.
If two or more districts enter into an agreement for the purchase or
sharing of the services of a superintendent, the contracting districts have the
absolute right to select one of the individuals employed to serve as
superintendent in one of the contracting districts and no individual has a
right to employment as the superintendent to provide all or part of the
services based on order of employment in a contracting district. The superintendent of a district shall
perform the following:
(1) visit
and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;
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(2) recommend to the board
employment and dismissal of teachers;
(3) before the start of the
school year, and at other times as needed, assign highly effective teachers and
administrators, as defined in section 122A.411, to schools to best meet student
and school needs as determined by the superintendent;
(3) (4) superintend
school grading practices and examinations for promotions;
(4) (5) make reports
required by the commissioner; and
(5) (6) perform other
duties prescribed by the board.
For purposes of this section, "school"
includes a public school under section 120A.22, subdivision 4, or a nonpublic
school under section 120A.22, subdivision 4, that elects to comply with this
section, and charter schools under section 124D.10.
Sec. 32. Minnesota Statutes 2009 Supplement, section
124D.10, subdivision 4, is amended to read:
Subd. 4. Formation
of school. (a) An authorizer, after
receiving an application from a school developer, may charter a licensed
teacher under section 122A.18, subdivision 1, or a group of individuals that
includes one or more licensed teachers under section 122A.18, subdivision 1, to
operate a school subject to the commissioner's approval of the authorizer's
affidavit under paragraph (b). The
school must be organized and operated as a cooperative under chapter 308A or
nonprofit corporation under chapter 317A and the provisions under the applicable
chapter shall apply to the school except as provided in this section.
Notwithstanding sections
465.717 and 465.719, a school district, subject to this section and section
124D.11, may create a corporation for the purpose of establishing a charter
school.
(b) Before the operators may
establish and operate a school, the authorizer must file an affidavit with the
commissioner stating its intent to charter a school. An authorizer must file a separate affidavit
for each school it intends to charter.
The affidavit must state the terms and conditions under which the
authorizer would charter a school and how the authorizer intends to oversee the
fiscal and student performance of the charter school and to comply with the
terms of the written contract between the authorizer and the charter school
board of directors under subdivision 6.
The commissioner must approve or disapprove the authorizer's affidavit
within 60 business days of receipt of the affidavit. If the commissioner disapproves the
affidavit, the commissioner shall notify the authorizer of the deficiencies in
the affidavit and the authorizer then has 20 business days to address the
deficiencies. If the authorizer does not
address deficiencies to the commissioner's satisfaction, the commissioner's
disapproval is final. Failure to obtain
commissioner approval precludes an authorizer from chartering the school that
is the subject of this affidavit.
(c) The authorizer may
prevent an approved charter school from opening for operation if, among other
grounds, the charter school violates this section or does not meet the
ready-to-open standards that are part of the authorizer's oversight and
evaluation process or are stipulated in the charter school contract.
(d) The operators authorized
to organize and operate a school, before entering into a contract or other
agreement for professional or other services, goods, or facilities, must
incorporate as a cooperative under chapter 308A or as a nonprofit corporation
under chapter 317A and must establish a board of directors composed of at least
five members who are not related parties until a timely election for members of
the ongoing charter school board of directors is held according to the school's
articles and bylaws under paragraph (f).
A charter school board of directors must be composed of at least five
members who are not related parties.
Staff members employed at the school, including teachers providing
instruction under a contract with a cooperative, and all parents or legal
guardians of children
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12460
enrolled in the school are
the voters eligible to elect the members of the school's board of
directors. A charter school must notify
eligible voters of the school board election dates at least 30 days before the
election. Board of director meetings
must comply with chapter 13D.
(e) Upon the request of an
individual, the charter school must make available in a timely fashion the
minutes of meetings of the board of directors, and of members and committees
having any board-delegated authority; financial statements showing all
operations and transactions affecting income, surplus, and deficit during the
school's last annual accounting period; and a balance sheet summarizing assets
and liabilities on the closing date of the accounting period. A charter school also must post on its
official Web site information identifying its authorizer and indicate how to
contact that authorizer and include that same information about its authorizer
in other school materials that it makes available to the public.
(f) Every charter school
board member shall attend department-approved training on board governance, the
board's role and responsibilities, employment policies and practices, and
financial management. A board member who
does not begin the required training within six months of being seated and
complete the required training within 12 months of being seated on the board is
ineligible to continue to serve as a board member.
(g) The ongoing board must
be elected before the school completes its third year of operation. Board elections must be held during a time
when school is in session. The charter
school board of directors shall be composed of at least five nonrelated members
and include: (i) at least one licensed
teacher employed at the school or a licensed teacher providing instruction
under a contact between the charter school and a cooperative; (ii) the parent
or legal guardian of a student enrolled in the charter school; and (iii) an
interested community member who is not employed by the charter school and does
not have a child enrolled in the school.
The board may be a teacher majority board composed of teachers described
in this paragraph. The chief financial
officer and the chief administrator are ex-officio nonvoting board
members. Board bylaws shall outline the
process and procedures for changing the board's governance model, consistent
with chapter 317A. A board may change
its governance model only:
(1) by a majority vote of
the board of directors and the licensed teachers employed by the school,
including licensed teachers providing instruction under a contract between the
school and a cooperative; and
(2) with the authorizer's
approval.
Any change in board
governance must conform with the board structure established under this
paragraph.
(h) The granting or renewal
of a charter by an authorizer must not be conditioned upon the bargaining unit
status of the employees of the school.
(i) The granting or renewal
of a charter school by an authorizer must not be contingent on the charter
school being required to contract, lease, or purchase services from the
authorizer. Any potential contract, lease,
or purchase of service from an authorizer must be disclosed to the
commissioner, accepted through an open bidding process, and be a separate
contract from the charter contract. The
school must document the open bidding process.
An authorizer must not enter into a contract to provide management and
financial services for a school that it authorizes, unless the school documents
that it received at least two competitive bids.
(j) An authorizer may permit
the board of directors of a charter school to expand the operation of the
charter school to additional sites or to add additional grades locations
or grades at the school beyond those described in the authorizer's original
affidavit as approved by the commissioner only after submitting a supplemental
affidavit for approval to the commissioner in a form and manner prescribed by
the commissioner. The supplemental
affidavit must show that:
(1) the expansion proposed
by the charter school is supported by need and projected enrollment;
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12461
(2) the charter school
expansion is warranted, at a minimum, by longitudinal data demonstrating
students' improved academic performance and growth on statewide assessments
under chapter 120B;
(3) the charter school is
fiscally sound and has the financial capacity to implement the proposed
expansion; and
(4) the authorizer finds
that the charter school has the management capacity to carry out its expansion.
(k) Notwithstanding
paragraph (j), an authorizer may permit the board of directors of a
high-performing charter school to expand the existing charter to include a new
separate school beyond that described in the authorizer's original affidavit as
approved by the commissioner only after submitting a supplemental affidavit for
approval to the commissioner in a form and manner prescribed by the
commissioner. A new separate school must
conduct a separate lottery and enrollment process. A supplemental affidavit must be submitted
for each new separate school and show that:
(1) the new separate school
proposed by the authorizer is supported by need and projected enrollment;
(2) the new separate school
is warranted, at a minimum, by longitudinal data demonstrating the existing
charter school's students' improved academic performance and growth on
statewide assessments under chapter 120B;
(3) the existing charter
school is fiscally sound and the charter school board has the capacity to
implement and govern the new separate school; and
(4) the authorizer finds
that the charter school board has capacity to carry out and oversee the new
separate school.
(k) (l) The commissioner
shall have 30 business days to review and comment on the supplemental
affidavit. The commissioner shall notify
the authorizer of any deficiencies in the supplemental affidavit and the
authorizer then has 30 business days to address, to the commissioner's
satisfaction, any deficiencies in the supplemental affidavit. The school may not expand grades or,
add sites, or start a new separate school until the commissioner has
approved the supplemental affidavit. The
commissioner's approval or disapproval of a supplemental affidavit is final.
Sec. 33. Minnesota Statutes 2008, section 127A.05, is
amended by adding a subdivision to read:
Subd. 7. Authority
to intervene. The
commissioner of education shall have the authority to intervene directly in the
state's persistently lowest achieving schools and charter schools and in school
districts and charter schools that are in improvement or corrective action
status under the Elementary and Secondary Education Act.
Sec. 34. ALTERNATIVE
TEACHER PREPARATION REPORTS.
The Board of Teaching must
submit an interim report on the effectiveness of the alternative teacher
preparation program under Minnesota Statutes, section 122A.245, to the house of
representatives and senate committees having jurisdiction over
kindergarten through grade 12 education by February 15, 2012, and a final
report by February 15, 2014.
Sec. 35. RULEMAKING
AUTHORITY.
The commissioner of
education shall adopt rules consistent with chapter 14 which provide English
language proficiency standards for instruction of students identified as
limited English proficient under Minnesota Statutes, sections 124D.58 to
124D.64. The English language
proficiency standards must encompass the language domains of listening,
speaking, reading, and writing. The
English language proficiency standards must reflect social and academic
dimensions of acquiring a second language that are accepted of English language
learners in
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12462
prekindergarten through
grade 12. The English language
proficiency standards must address the specific contexts for language
acquisition in the areas of social and instructional settings as well as
academic language encountered in language arts, mathematics, science, and
social studies. The English language
proficiency standards must express the progression of language development
through language proficiency levels. The
English language proficiency standards must be implemented for all limited
English proficient students beginning in the 2011-2012 school year and assessed
beginning in the 2012-2013 school year.
Sec. 36. REPEALER.
Minnesota
Statutes 2008, section 122A.24, is repealed."
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the second
portion of the Garofalo amendment and the roll was called. There were 41 yeas and 90 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the second
portion of the Garofalo amendment was not adopted.
Garofalo withdrew the first portion of his
amendment to H. F. No. 3833, as amended.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12463
Demmer moved to amend
H. F. No. 3833, as amended, as follows:
Page 36, after line 16, insert:
"Sec. 19. [122A.245]
ALTERNATIVE TEACHER PREPARATION PROGRAM AND LIMITED-TERM TEACHER LICENSE.
Subdivision 1. Requirements. (a) The Board of Teaching must approve
qualified teacher preparation programs under this section that are a means to acquire
a two-year limited-term license and to prepare for acquiring a standard
entrance license. School districts or
charter schools may offer this program in partnership with:
(1) a college or university
with a board-approved alternative teacher preparation program; or
(2) a nonprofit corporation
formed for an education-related purpose and subject to chapter 317A and a
college or university with a board-approved alternative teacher preparation
program.
(b) An approved program
provider may offer this program if:
(i) a need for teachers
exists based on the determination by a participating school district or charter
school that in the previous school year too few qualified candidates applied
for its posted, available teaching positions;
(ii) the teaching staff does
not reflect the racial and cultural diversity of the student population of the
district or charter school; or
(iii) the school district or
charter school identifies a need to reduce or eliminate a student achievement
gap based on school performance report card data under section 120B.36.
(c) To participate in this
program, a candidate must:
(1) have a bachelor's degree
with a minimum 3.0 grade point average, or have a bachelor's degree and meet
other board-adopted criteria;
(2) pass the reading,
writing, and mathematics skills examination under section 122A.18; and
(3) pass the board-approved
content area and pedagogy tests.
Subd. 2. Characteristics. An alternative teacher preparation
program under this section must include:
(1) a minimum 200-hour
instructional phase that provides intensive preparation before that person
assumes classroom responsibilities;
(2) a research-based and
results-oriented approach focused on best teaching practices to increase
student proficiency and growth measured against state academic standards;
(3) strategies to combine
pedagogy and best teaching practices to better inform teachers' classroom
instruction;
(4) assessment, supervision,
and evaluation of the program participant to determine the participant's
specific needs throughout the program and to support the participant in
successfully completing the program;
(5) formal instruction and
intensive peer coaching throughout the school year that provide structured
guidance and regular ongoing support;
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12464
(6) high quality, sustained,
intensive, and classroom-embedded staff development opportunities conducted by
a mentor or by a mentorship team that may include school administrators,
teachers, and postsecondary faculty members and are directed at improving
student learning and achievement; and
(7) a requirement that
program participants demonstrate to the local site team under subdivision 5
that they are making satisfactory progress toward acquiring a standard entrance
license from the Board of Teaching.
Subd. 3. Program
approval. The Board of
Teaching must approve alternative teacher preparation programs under this
section based on board-adopted criteria that reflect best practices for
alternative teacher preparation programs consistent with this section. The board must permit licensure candidates to
demonstrate licensure competencies in school-based settings and through other
nontraditional means.
Subd. 4. Employment
conditions. Where applicable,
teachers with a limited-term license under this section are subject to the
terms of the local collective bargaining agreement between the local
representative of the teachers and the school board.
Subd. 5. Approval
for standard entrance license. A
local site team that may include teachers, school administrators, postsecondary
faculty, and nonprofit staff must evaluate the performance of the teacher
candidate using the Minnesota State Standards of Effective Practice for
Teachers established in rule and submit to the board an evaluation report
recommending whether or not to issue the teacher candidate a standard entrance
license.
Subd. 6. Standard
entrance license. The Board
of Teaching must issue a standard entrance license to a teacher candidate under
this section who successfully performs throughout the program and is
recommended for licensure under subdivision 5.
Subd. 7. Qualified
teacher. A person with a
valid limited-term license under this section is the teacher of record and a
qualified teacher within the meaning of section 122A.16.
Subd. 8. Reports. The Board of Teaching must submit an
interim report on the efficacy of this program to the K-12 Education Policy and
Finance committees of the legislature by February 15, 2012, and a final report
by February 15, 2014.
EFFECTIVE DATE. This section is effective for the 2010-2011 school
year and later."
Renumber the sections in sequence
and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
CALL OF THE HOUSE
On the motion of Brod and on the demand of 10 members, a call
of the House was ordered. The following
members answered to their names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Journal of the House - 102nd Day - Tuesday, May 11, 2010 - Top
of Page 12465
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kath
Kelly
Kiffmeyer
Knuth
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Morrow moved that further proceedings of the
roll call be suspended and that the Sergeant at Arms be instructed to bring in
the absentees. The motion prevailed and
it was so ordered.
The question recurred on the Demmer
amendment and the roll was called. There
were 65 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Benson
Brod
Brynaert
Buesgens
Bunn
Champion
Clark
Davnie
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hayden
Holberg
Hoppe
Juhnke
Kelly
Kiffmeyer
Kohls
Lanning
Liebling
Loeffler
Loon
Mack
Magnus
Mariani
McFarlane
McNamara
Mullery
Murdock
Nornes
Norton
Otremba
Peppin
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Slocum
Smith
Swails
Thao
Torkelson
Wagenius
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Bigham
Bly
Brown
Carlson
Cornish
Davids
Dill
Doty
Eken
Falk
Faust
Fritz
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Lieder
Lillie
Mahoney
Marquart
Masin
Morgan
Morrow
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Solberg
Sterner
Thissen
Tillberry
Urdahl
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12466
CALL OF THE HOUSE LIFTED
Morow moved that the call of the House be lifted. The motion prevailed and it was so ordered.
Doepke moved to amend
H. F. No. 3833, as amended, as follows:
Page 11, line 18, strike
everything after the period
Page 11, strike lines 19 and
20
Page 11, line 21, strike the
remaining existing language
Page 11, strike line 22
Page 11, line 23, delete the
new language and strike the existing language
Page 11, delete lines 24 to
26
The motion did not prevail and the amendment was not adopted.
Hamilton, Mariani, Magnus,
Buesgens, Davnie, Gunther and Slocum moved to amend
H. F. No. 3833, as amended, as follows:
Page 63, after line 24,
insert:
"Sec. 42. ANOTHER
CHARTER SCHOOL AUTHORIZER.
Notwithstanding section
124D.10, subdivision 23, a charter school identified as one of Minnesota's 34
persistently lowest achieving schools for purposes of the federal school
improvement grant program under the American Recovery and Reinvestment Act that
is being dissolved for failing to meet the pupil performance requirements in
its charter school contract may seek another eligible authorizer until
September 1, 2010.
If a charter school under
this section acquires another eligible authorizer by September 1, 2010, it may
continue to operate consistent with the requirements of section 124D.10. If the school is unable to acquire a another
eligible authorizer by September 1, 2010, it must be dissolved.
EFFECTIVE DATE. This section is effective the day following final
enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Pursuant to rule 1.50, Morrow moved that the House be allowed
to continue in session after 12:00 midnight.
The motion prevailed.
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12467
Demmer
moved to amend H. F. No. 3833, as amended, as follows:
Page 24,
after line 3, insert:
"In
addition to the other requirements under this paragraph and notwithstanding
other law to the contrary, the commissioner must set a passing cut score for
the high school algebra end-of-course assessment that indicates grade-level
performance. A student who does not
receive a passing cut score on the assessment must receive remediation before
again attempting the assessment. A
student, other than a student under clause (9), must meet or exceed the passing
cut score to receive a high school diploma."
The motion did not prevail and the
amendment was not adopted.
Westrom
moved to amend H. F. No. 3833, as amended, as follows:
Page 42,
after line 31, insert:
"Sec. 23. Minnesota Statutes 2008, section 123B.09,
subdivision 10, is amended to read:
Subd. 10. Publishing
proceedings. The board must cause
publish and post its official proceedings to be published in a
conspicuous place in the district's administrative office and also must publish
its official proceedings once either in the official newspaper of
the district or in a conspicuous place on the district's official Web site. Such publication shall be made within 30 days
of the meeting at which such proceedings occurred. If the board determines that official
newspaper publication of a summary of the proceedings would adequately
inform the public of the substance of the proceedings, the board may direct
that only a summary be published, conforming to the requirements of section
331A.01, subdivision 10."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Westrom
amendment and the roll was called. There
were 47 yeas and 86 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Benson
Brod
Buesgens
Cornish
Davnie
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Kalin
Kath
Kelly
Kiffmeyer
Koenen
Kohls
Loeffler
Mack
Magnus
Murdock
Newton
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Westrom
Zellers
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12468
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Beard
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davids
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Knuth
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loon
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Westrom
moved to amend H. F. No. 3833, as amended, as follows:
Page 63,
after line 24, insert:
"Sec. 42. OPT-OUT
OF UNFUNDED SCHOOL MANDATES.
(a) Upon
adoption of a written resolution approved by at least 60 percent of its
members, a school board may opt-out of any unfunded mandate or unfunded increase
to a prior mandate on a school district or charter school.
(b) For
purposes of this section:
(1)
"mandate" means a requirement imposed by the state of Minnesota
through statute or rule, upon a school district or charter school that if not complied
with results in civil liability, injunctive relief, a criminal penalty, or
administrative sanction, including reduction or loss of funding; and
(2)
"unfunded" means an expected additional cost to school districts and
charter schools that exceeds the legislative increase to appropriations to
school districts and charter schools to cover these costs.
(c) This
authority does not apply to a new or increased mandate passed by law that is
necessary to protect public health or is required to implement federal law."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12469
The question was taken on the Westrom amendment and the roll
was called. There were 45 yeas and 88
nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McNamara
Murdock
Nornes
Norton
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davids
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
H. F. No. 3833, A bill for
an act relating to education; providing for policy and funding for early childhood
through grade 12 education including general education, education excellence,
special programs, facilities and technology, accounting, state agencies, pupil
transportation, education finance reform, and forecast adjustments; authorizing
rulemaking; requiring reports; appropriating money; amending Minnesota Statutes
2008, sections 3.303, by adding a subdivision; 11A.16, subdivision 5; 16A.125,
subdivision 5; 120A.41; 120B.021, subdivision 1; 120B.07; 120B.15; 122A.16;
122A.18, subdivisions 1, 2; 122A.23, subdivision 2; 123B.12; 123B.147,
subdivision 3; 123B.53, subdivision 5; 123B.56; 123B.57, as amended; 123B.63,
subdivision 3; 123B.88, subdivision 13; 123B.90, subdivision 3; 123B.92,
subdivision 5; 124D.09, subdivision 20; 124D.4531, as amended; 124D.59,
subdivision 2; 124D.65, subdivision 5; 125A.03; 125A.21, subdivisions 2, 3, 5,
7; 125A.515, by adding a subdivision; 125A.69, subdivision 1; 125A.76,
subdivision 5; 125A.79, subdivisions 1, 7; 126C.01, by adding subdivisions;
126C.05, subdivisions 1, 3, 5, 6, 8, 16, 17; 126C.10, subdivisions 1, 2, 2a, 3,
4, 6, 13, 13a, 14, 18, by adding subdivisions; 126C.126; 126C.13, subdivisions
4, 5; 126C.17, subdivisions 1, 5, 6, by adding a subdivision; 126C.20; 126C.40,
subdivision 1; 126C.54; 127A.30, subdivision 2; 127A.42, subdivision 2;
127A.43; 127A.45, subdivision 3, by adding subdivisions; 127A.51; 169.447,
subdivision 2a; 169.4503, by adding a subdivision; 171.321, subdivision 2;
Minnesota Statutes 2009 Supplement, sections 16A.152, subdivision 2, as amended;
120B.023, subdivision 2; 120B.30, subdivisions 1, 1a, 3, 4, by adding a
subdivision; 120B.35, subdivision 3; 120B.36, subdivision 1; 122A.09,
subdivision 4; 122A.40, subdivision 8; 122A.41, subdivision 5; 123B.143,
Journal of the House - 102nd Day - Tuesday, May 11, 2010 -
Top of Page 12470
subdivision
1; 123B.54; 123B.92, subdivision 1; 124D.10, subdivisions 3, 4, 4a, 6a, 11, 23;
125A.02, subdivision 1; 125A.091, subdivision 7; 125A.63, subdivisions 2, 4, 5;
126C.41, subdivision 2; 126C.44; 171.02, subdivision 2b; 256B.0625, subdivision
26; Laws 2009, chapter 79, article 5, section 60; Laws 2009, chapter 96,
article 2, sections 64; 67, subdivisions 14, 17; article 4, section 12,
subdivision 3; article 5, section 13, subdivision 4; proposing coding for new
law in Minnesota Statutes, chapters 120B; 121A; 122A; 123A; 123B; 124D; 125A;
126C; repealing Minnesota Statutes 2008, sections 122A.24; 123B.57,
subdivisions 3, 4, 5; 123B.591; 125A.54; 125A.76, subdivision 4; 125A.79,
subdivision 6; 126C.10, subdivisions 2b, 13a, 13b, 25, 26, 27, 28, 29, 30, 31,
31a, 31b, 32, 33, 35, 36; 126C.12; 126C.126; 126C.17, subdivision 9a; 127A.46;
127A.50; Minnesota Statutes 2009 Supplement, sections 123B.54; 126C.10,
subdivisions 24, 34.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 86 yeas and 47 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Brown
Buesgens
Bunn
Davids
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Jackson
Kelly
Kiffmeyer
Kohls
Lanning
Lenczewski
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Peppin
Reinert
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
The bill was passed, as amended, and its
title agreed to.
CALENDAR FOR THE DAY
Hortman moved that the remaining bills on
the Calendar for the Day be continued.
The motion prevailed.
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12471
MOTIONS AND RESOLUTIONS
Murphy, E., moved that the name of Simon be added as an author
on H. F. No. 454. The
motion prevailed.
Marquart moved that the name of Bly be added as an author on
H. F. No. 2227. The
motion prevailed.
Garofalo moved that his name be stricken as an author on
H. F. No. 3829. The
motion prevailed.
Drazkowski moved that the name of Murdock be added as an author
on H. F. No. 3830. The
motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Solberg announced his intention to place
S. F. No. 2900; H. F. No. 3051; and
S. F. No. 3361 on the Fiscal Calendar for Wednesday, May 12,
2010.
ADJOURNMENT
Hortman moved that when the House adjourns today it adjourn
until 11:00 a.m., Wednesday, May 12, 2010.
The motion prevailed.
Hortman moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Sertich declared the House stands adjourned until 11:00 a.m., Wednesday, May
12, 2010.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives
Journal of the House - 102nd
Day - Tuesday, May 11, 2010 - Top of Page 12472